Senate Bill S4432

                                 BILL NUMBER:  S4432

 TITLE OF BILL :
An act to amend the penal law, in relation to creating the crime of
criminal luring or enticing of a child on the internet

 PURPOSE :
Creates the crime of luring or enticing a child on the internet.

 SUMMARY OF PROVISIONS :
Defines criminal luring or enticing of a child on the internet as
engaging a child in conversation on the internet or some other
electronic device, and luring or attempting to lure a child to an area
where the person might engage in a violent/sexual act to harm the
child through:
-The misrepresentation of their identity
-The misrepresentation of their intent or purpose
- A false request of help or reward

Subsection 1 defines the words "child", "misrepresentation", and
"person" for the purposes of subsection 2, which establishes that the
luring or enticement of a child through electronic means is a class C
felony. Subsection 3 states that it is not an affirmative defense to a
prosecution for a violation of Section 1 that: (a) the child was
actually a law enforcement officer posing as a child; or (b) a meeting
did not occur.
              

 JUSTIFICATION :
With the recent rise of the use of the Internet all over the world as
well as in the state of New York, the increase in children using the
internet is rising in phenomenal numbers. The Internet has always been
a modem information center where anyone can access any kind of·
information. However, the Internet is becoming what the New York State
Commission of Investigations '(NYSI) states, "as a modem play-ground"
for children as for such networking sites like Myspace.com and
Facebook.com The sad tragedy is that children all over the world as
well as in the Great State of New York are becoming victims of cyber
predators. Such children will especially be vulnerable to adults who
lure other children to an area that is not well known to them, or make
false promises or rewards, and these children would be extremely
endangered in these situations.  Legislation must be developed to
protect New York children in the long-term and such legislation must
be substantive and innovative. In the state of New York, there is no
statute that criminalizes the luring of children/minor by using means
such as the Internet (as well as other electronic means such as cell
phones, PDAs, and any electronic devices).  The only legislation that
the state of New York can use to prosecute an offender is under
Endangering the Welfare of a Child, which is a Felony A class
misdemeanor. We must introduce legislation that forbids offenders from
luring children by means of using the Internet or any other devices.
Thus, New York State should criminalize, as a class C felony, the act
of enticing a child into an area or act by false promises or rewards,
misrepresentation of identity, purpose and intent, where the child's
welfare would be endangered for the purpose of committing a violent or
sexual attack. Punishment by the offender should be bold, yet, it
should deter the people of New York from committing such an offense.
By creating this new statute, police officials and lawyers will be
able to protect children and the general public as well as give law
enforcement more flexibility to prosecuting online predators. The time
is now to be one step ahead of cyber predators and protect the
children of New York.

 PRIOR LEGISLATIVE HISTORY :
2008 - A.8319/Codes 2007 - A.8319/Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.