Senate Bill S1096

2011-2012 Legislative Session

Creates the crime of luring or enticing a child on the internet

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2011-S1096 (ACTIVE) - Details

See Assembly Version of this Bill:
A2483
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §260.09, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4995, A1527, A10170
2013-2014: S1845

2011-S1096 (ACTIVE) - Summary

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

2011-S1096 (ACTIVE) - Sponsor Memo

2011-S1096 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1096

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens.  PARKER,  KLEIN, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation  to  creating  the  crime  of
  criminal luring or enticing of a child on the internet

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 260.09  to
read as follows:
S 260.09 CRIMINAL LURING OR ENTICING OF A CHILD ON THE INTERNET.
  1.  WHENEVER SUCH TERM IS USED IN THIS SECTION:
  (A) "CHILD" SHALL MEAN SOMEONE UNDER THE AGE OF EIGHTEEN YEARS; AND
  (B)  "MISREPRESENTATION"  SHALL MEAN ANY COMMUNICATION BY WORDS OR ANY
OTHER MEANS MADE BY A PERSON, HAVING THE INTENT OF DECEIVING  OR  HAVING
THE  KNOWLEDGE  THAT  SUCH  COMMUNICATION  IS  FALSE, TO A CHILD FOR THE
PURPOSE OF INDUCING AN ACT OR AN OMISSION BY SUCH CHILD; AND
  (C) "PERSON" SHALL MEAN SOMEONE TWENTY-ONE YEARS OF AGE AND OLDER;  OR
SOMEONE UNDER TWENTY-ONE YEARS OF AGE AND AT LEAST FOUR YEARS OLDER THAN
A CHILD.
  2. A PERSON IS GUILTY OF CRIMINAL LURING OR ENTICING OF A CHILD ON THE
INTERNET  WHEN  HE  OR SHE INTENTIONALLY OR KNOWINGLY ENGAGES A CHILD IN
CONVERSATION ON THE INTERNET OR SOME OTHER ELECTRONIC DEVICE, AND  LURES
OR  ATTEMPTS  TO  LURE A CHILD INTO AN AREA AND ENTICES, BY MISREPRESEN-
TATION OF THEIR IDENTITY, AGE, INTENT OR PURPOSE, OR ATTEMPTS TO  ENTICE
SUCH  CHILD  INTO  AN ACTIVITY BY, INCLUDING BUT NOT LIMITED TO, FALSELY
REQUESTING HELP OR PROMISING A REWARD, WHERE SUCH ACTIVITY OR SUCH  AREA
IS  LIKELY TO LEAD TO AN INJURY TO THE PHYSICAL, MENTAL OR MORAL WELFARE
OF SUCH CHILD.
  3. IT IS NOT AN AFFIRMATIVE DEFENSE TO A PROSECUTION FOR  A  VIOLATION
OF THIS SECTION THAT:
  (A)  THE  CHILD  WAS  ACTUALLY  A  LAW ENFORCEMENT OFFICER POSING AS A
CHILD; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01611-01-1
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.