S T A T E O F N E W Y O R K
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9599
I N A S S E M B L Y
March 20, 2012
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the executive law, in relation to
restricting internet use by individuals who are convicted of promoting
prostitution, compelling prostitution or sex trafficking where the
internet was used to facilitate the commission of such crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 65.10 of the penal law is amended by adding a new
subdivision 6 to read as follows:
6. CONDITIONS RELATING TO CONVICTIONS FOR PROMOTING PROSTITUTION,
COMPELLING PROSTITUTION OR SEX TRAFFICKING. (A) WHEN IMPOSING A SENTENCE
OF PROBATION OR CONDITIONAL DISCHARGE UPON A PERSON CONVICTED OF SECTION
230.20, 230.25, 230.30, 230.32, 230.33 OR 230.34 OF THIS CHAPTER AND THE
INTERNET WAS USED TO FACILITATE THE COMMISSION OF THE CRIME, THE COURT
SHALL REQUIRE, AS MANDATORY CONDITIONS OF SUCH SENTENCE, THAT THE
DEFENDANT BE PROHIBITED FROM USING THE INTERNET TO ACCESS A COMMERCIAL
SOCIAL NETWORKING WEBSITE, ACCESS AN ONLINE COMMUNITY, AND COMMUNICATE
ON THE WEB WITH OTHER INDIVIDUALS OR GROUPS FOR THE PURPOSE OF PROMOTING
PROSTITUTION, COMPELLING PROSTITUTION OR SEX TRAFFICKING. NOTHING IN
THIS SUBDIVISION SHALL BE CONSTRUED AS RESTRICTING ANY OTHER LAWFUL
CONDITION OF SUPERVISION THAT MAY BE IMPOSED ON SUCH DEFENDANT.
(B) IN ADDITION TO ANY CONDITIONS REQUIRED UNDER PARAGRAPH (A) OF THIS
SUBDIVISION OR ANY OTHER LAWFUL CONDITION OF SUPERVISION THAT MAY BE
IMPOSED ON THE DEFENDANT, THE COURT MAY REQUIRE THAT THE DEFENDANT
COMPLY WITH A REASONABLE LIMITATION ON HIS OR HER USE OF THE INTERNET
THAT THE COURT DETERMINES TO BE NECESSARY OR APPROPRIATE TO AMELIORATE
THE CONDUCT WHICH GAVE RISE TO THE OFFENSE OR TO PROTECT PUBLIC SAFETY,
PROVIDED THAT THE COURT SHALL NOT PROHIBIT SUCH DEFENDANT FROM USING THE
INTERNET IN CONNECTION WITH EDUCATION, LAWFUL EMPLOYMENT OR SEARCH FOR
LAWFUL EMPLOYMENT.
(C) AS USED IN THIS SUBDIVISION:
(I) "COMMERCIAL SOCIAL NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS,
ORGANIZATION OR OTHER ENTITY OPERATING A WEBSITE THAT PERMITS PERSONS TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14599-01-2
A. 9599 2
BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISHING PERSONAL RELATION-
SHIPS WITH OTHER USERS, WHERE SUCH PERSONS MAY: (1) CREATE WEB PAGES OR
PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES WHERE SUCH WEB PAGES
OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS; (2) ENGAGE IN
DIRECT OR REAL TIME COMMUNICATION WITH OTHER USERS, SUCH AS CHAT ROOM OR
INSTANT MESSENGER; AND (3) COMMUNICATE WITH THE PUBLIC OR OTHER USERS.
(II) "ONLINE COMMUNITY" SHALL MEAN AN INFORMATION SYSTEM WHERE CONTENT
MAY BE POSTED AND MAY OR MAY NOT RESTRICT TO PARTICULAR USERS. THIS
SHALL INCLUDE BUT NOT BE LIMITED TO BLOGS, INTERNET CLASSIFIED SITES,
AND WEB BULLETIN-BOARDS.
S 2. Subdivisions 16 and 17 of section 259-c of the executive law are
renumbered subdivisions 17 and 18 and a new subdivision 16 is added to
read as follows:
16. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE A PERSON IS
SERVING A SENTENCE FOR A VIOLATION OF SECTION 230.20, 230.25, 230.30,
230.32, 230.33 OR 230.34 OF THE PENAL LAW AND THE INTERNET WAS USED TO
FACILITATE THE COMMISSION OF THE CRIME, IF SUCH PERSON IS RELEASED ON
PAROLE OR CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION ONE OR TWO OF
THIS SECTION, THE BOARD SHALL REQUIRE, AS MANDATORY CONDITIONS OF SUCH
RELEASE, THAT THE DEFENDANT BE PROHIBITED FROM USING THE INTERNET TO
ACCESS A COMMERCIAL SOCIAL NETWORKING WEBSITE, ACCESS AN ONLINE COMMUNI-
TY, AND COMMUNICATE ON THE WEB WITH OTHER INDIVIDUALS OR GROUPS FOR THE
PURPOSE OF PROMOTING PROSTITUTION, COMPELLING PROSTITUTION OR SEX TRAF-
FICKING. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS RESTRICTING
ANY OTHER LAWFUL CONDITION OF SUPERVISION THAT MAY BE IMPOSED ON SUCH
DEFENDANT.
(B) AS USED IN THIS SUBDIVISION:
(I) "COMMERCIAL SOCIAL NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS,
ORGANIZATION OR OTHER ENTITY OPERATING A WEBSITE THAT PERMITS PERSONS TO
BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISHING PERSONAL RELATION-
SHIPS WITH OTHER USERS, WHERE SUCH PERSONS MAY: (1) CREATE WEB PAGES OR
PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES WHERE SUCH WEB PAGES
OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS; (2) ENGAGE IN
DIRECT OR REAL TIME COMMUNICATION WITH OTHER USERS, SUCH AS CHAT ROOM OR
INSTANT MESSENGER; AND (3) COMMUNICATE WITH THE PUBLIC OR OTHER USERS.
(II) "ONLINE COMMUNITY" SHALL MEAN AN INFORMATION SYSTEM WHERE CONTENT
MAY BE POSTED AND MAY OR MAY NOT RESTRICT TO PARTICULAR USERS. THIS
SHALL INCLUDE BUT NOT BE LIMITED TO BLOGS, INTERNET CLASSIFIED SITES,
AND WEB BULLETIN-BOARDS.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.