senate Bill S714A

2011-2012 Legislative Session

Creates computer sex crimes against children

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1268
committee discharged and committed to rules
Jun 15, 2012 print number 714a
amend (t) and recommit to codes
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

S714 - Details

Law Section:
Penal Law
Laws Affected:
Add Title Y-2 Art 495 §§495.00 & 495.05, amd §460.10, Pen L; amd §§200.50 & 700.05, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1459

S714 - Summary

Creates computer sex crimes against children and makes it a violent felony offense when a person is convicted of a computer sex crime and the underlying crime is against a child.

S714 - Sponsor Memo

S714 - Bill Text download pdf

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

                                   714

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to computer crimes and obscenities

  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 two new sections  156.40
and 156.41 to read as follows:
S 156.40 CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE
WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ENCRYPTION TO:
  1. COMMIT, FURTHER,  FACILITATE  OR  PROMOTE  CONDUCT  CONSTITUTING  A
CRIME;
  2. CONCEAL THE COMMISSION OF ANY CRIME;
  3.  CONCEAL  OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY
CRIME; OR
  4. PREVENT, IMPEDE, DELAY OR DISRUPT THE NORMAL OPERATION OR USE OF  A
COMPUTER, COMPUTER PROGRAM OR COMPUTER SYSTEM.
  CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 156.41 CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF  ENCRYPTION  IN  THE
SECOND DEGREE AND HE OR SHE:
  1.  DOES  SO  WITH AN INTENT TO COMMIT OR ATTEMPT TO COMMIT OR FURTHER
THE COMMISSION OF A FELONY;
  2. DOES SO WITH AN INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
  3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
COMMITTED ANY FELONY; OR
  4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.

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

S714A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add Title Y-2 Art 495 §§495.00 & 495.05, amd §460.10, Pen L; amd §§200.50 & 700.05, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1459

S714A (ACTIVE) - Summary

Creates computer sex crimes against children and makes it a violent felony offense when a person is convicted of a computer sex crime and the underlying crime is against a child.

S714A (ACTIVE) - Sponsor Memo

S714A (ACTIVE) - Bill Text download pdf

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

                                 714--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to computer sex crimes against children

  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 title Y-2 to read
as follows:
                                TITLE Y-2
                  COMPUTER SEX CRIMES AGAINST CHILDREN
                               ARTICLE 495
                  COMPUTER SEX CRIMES AGAINST CHILDREN
SECTION 495.00 COMPUTER SEX CRIMES.
        495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
S 495.00 COMPUTER SEX CRIMES.
  1.  A PERSON COMMITS A COMPUTER SEX CRIME WHEN HE OR SHE COMMITS A SEX
CRIME AGAINST A CHILD AND FACILITATED THE COMMISSION OF SUCH OFFENSE  BY
USING  OR  CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO COMMUNI-
CATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED.
  2. A "SEX CRIME AGAINST A CHILD" MEANS A FELONY OFFENSE (A) THE ESSEN-
TIAL ELEMENTS OF WHICH INCLUDE THE COMMISSION OR ATTEMPTED COMMISSION OF
SEXUAL CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF  THIS
CHAPTER,  OR THE USE OR PROMOTION OF A SEXUAL OR OBSCENE SEXUAL PERFORM-
ANCE, AS DEFINED IN SECTION 263.00 OF THIS  CHAPTER,  (B)  COMMITTED  OR
ATTEMPTED TO BE COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN YEARS OLD.
S 495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01996-02-2

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