S T A T E   O F   N E W   Y O R K
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                                  2483

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced  by M. of A. COLTON, ZEBROWSKI, LANCMAN, BENEDETTO, ROBINSON,
  GIGLIO, SCHIMEL, JAFFEE, MAISEL,  CLARK,  SCHROEDER,  PHEFFER,  PERRY,
  GABRYSZAK,  REILLY,  GUNTHER, SPANO, CASTRO, DESTITO, DenDEKKER, MENG,
  ORTIZ, SCHIMMINGER, GALEF,  MAYERSOHN,  BARRON,  ENGLEBRIGHT,  TITONE,
  HOOPER,  MOLINARO,  RAIA,  TOBACCO  --  Multi-Sponsored by -- M. of A.
  ABBATE, BURLING, CONTE, COOK, CROUCH, LATIMER, P. LOPEZ, MARKEY, McDO-
  NOUGH,  McKEVITT,  SALADINO,  THIELE,  WEISENBERG  --  read  once  and
  referred 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

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

A. 2483                             2

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
  (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.