senate Bill S1096

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S1096 - Bill Details

See Assembly Version of this Bill:
A2483
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยง260.09, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S4995, A1527C

S1096 - Bill Texts

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

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BILL NUMBER:S1096

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 OR GENERAL IDEA OF BILL:
Creates the crime of
luring or enticing a child on the Internet.

SUMMARY OF SPECIFIC PROVISIONS:
Defines criminal
luring or enticing of a child on the Internet as engaging a child in
conversation on the Internet or some Internet-enabled 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 information center where anyone can
access any kind of information. However, the Internet is becoming what
the New York State Commission of Investigations (NYSI) describes, "as a
modem play-ground" for children as far as such networking sites like
Myspace.com and Facebook.com are concerned.

The sad tragedy is that children all over the world as well as in the
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/minors 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 of the offender should 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:
2009-10: S.4995/A.1527C - Referred to Codes/Codes
2008-09: S.4432/A.8319
2007-08: A.8319

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.

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                    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

S. 1096                             2

  (B) A MEETING DID NOT OCCUR.
  CRIMINAL  LURING  OR  ENTICING OF A CHILD ON THE INTERNET IS A CLASS C
FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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