senate Bill S1741

2011-2012 Legislative Session

Creates the crime of facilitating a sex offense through electronic communication

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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 12, 2011 referred to codes

Co-Sponsors

S1741 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §130.93, amd §120.40, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2108

S1741 - Bill Texts

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Creates the crime of facilitating a sex offense through electronic communication, a class D felony; defines electronic communication to include the transfer of electronic communication through the internet.

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BILL NUMBER:S1741

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of facilitating a sex
offense through electronic communication

SUMMARY OF PROVISIONS:
Section 1 - adds a new section 130.93 of the
Penal Law to provide that a person is guilty of facilitating a sex
offense through electronic communication if he or she, with intent to
cause sexual contact with another person, knowingly encourages,
suggests, orders, aids or otherwise participates through electronic
communication with one or more persons to engage in a sex offense as
defined in Article 130. The section further provides that
facilitating a sex offense through electronic communication is a
class D felony.

Section 2 - amends 120.40 of the Penal Law by adding a new subdivision
6 defining "electronic communication."

Section 3 - provides that the act shall take effect on the first of
November next succeeding the date on which it shall have become a law.

PURPOSE AND JUSTIFICATION:
Currently, there are no
laws in New York
that specifically address persons who participate in sexual offenses
by watching them over the internet and in some cases actively
participate, albeit at a distance, in the offenses through
communication and suggestions by e-mail or other long-distance
messaging. In a recent incident in Western New York, a pedophile
broadcast his abuse of a young child over the internet, and persons
watching are alleged to have made suggestions as to criminal
activities as they watched. Such behavior, which can encourage
criminal behavior, is as heinous as the actions of the actual
perpetrator.

EXISTING LAW:
Article 130 of the Penal Law sets forth various sexual offenses.

PRIOR LEGISLATIVE HISTORY:
2009-10 - S.2108/A.3789 - Codes
2007-08 - S.2323A/A.5883A - PASSED SENATE/Codes
2005-06 - S.5839/A.10752 - PASSED SENATE/Codes

FISCAL IMPLICATIONS:
No additional costs to the state or local governments.

EFFECTIVE DATE:

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

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

                                  1741

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sens.  GOLDEN, DeFRANCISCO, LAVALLE, RANZENHOFER -- 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 the crime of facilitating
  a sex offense through electronic communication

  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 130.93 to
read as follows:
S 130.93 FACILITATING A SEX OFFENSE THROUGH ELECTRONIC COMMUNICATION.
  A PERSON IS GUILTY OF FACILITATING A SEX  OFFENSE  THROUGH  ELECTRONIC
COMMUNICATION  WHEN,  WITH  INTENT  TO CAUSE SEXUAL CONTACT WITH ANOTHER
PERSON, HE OR SHE KNOWINGLY ENCOURAGES, SUGGESTS, ORDERS, AIDS OR OTHER-
WISE PARTICIPATES THROUGH ELECTRONIC  COMMUNICATION  WITH  ONE  OR  MORE
PERSONS  TO  ENGAGE  IN  A  SEX  OFFENSE AS DEFINED IN THIS ARTICLE WITH
ANOTHER PERSON.
  FACILITATING A SEX OFFENSE THROUGH ELECTRONIC COMMUNICATION IS A CLASS
D FELONY.
  S 2. Section 120.40 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. "ELECTRONIC COMMUNICATION" MEANS ANY TRANSFER  OF  SIGNS,  SIGNALS,
WRITINGS,  IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE TRANSMIT-
TED IN WHOLE OR IN PART BY A WIRE, RADIO,  ELECTROMAGNETIC,  PHOTO-ELEC-
TRONIC,  OR PHOTO-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION INCLUDES, BUT
IS NOT LIMITED TO, THE TRANSFER OF THAT COMMUNICATION THROUGH THE INTER-
NET.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04238-01-1

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