senate Bill S2200

2013-2014 Legislative Session

Establishes crimes for the use of electronic communication in the furtherance of crimes

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2013 referred to codes

S2200 - Bill Details

See Assembly Version of this Bill:
A4210
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§156.40, 156.41 & 156.42, amd §156.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3707, A7190
2009-2010: S5402

S2200 - Bill Texts

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Establishes crimes for the use of electronic communication in the furtherance of crimes.

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BILL NUMBER:S2200

TITLE OF BILL: An act to amend the penal law, in relation to establish-
ing crimes for the use of electronic communications

SUMMARY OF PROVISIONS:
Section 1. of the penal law is amended by adding three new sections
156.40, 156.41, and 156.42 to read as follows:

§156.40. Criminal use of electronic communication in the third degree.
A person is guilty of criminal use of electronic communication in the
third degree when he or she intentionally uses or attempt to use elec-
tronic communication to:
1. Commit, further facilitate or promote conduct constituting a crime;
2. Conceal the commission of any crime; or
3. Conceal or protect the identity of a person who has committed any
crime.

§156.41 Criminal use of electronic communication in the second degree.
A person is guilty of criminal use of electronic communication in the
second degree when he or she commits the crime of criminal use of elec-
tronic communication in the third 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 the 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;
4. Has been previously convicted of any crime under this article.

§156.42 Criminal use of electronic communication in the first degree. A
person is guilty of criminal use of electronic communication in the
first degree when he or she, with intent to lure, entice, persuade,
convince, harass, annoy threaten or alarm another person, by means of
the use of electronic communication cause a communication to be initi-
ated purporting to solicit the commission or attempted commission of a
violent felony, as defined in section 70.02 of this chapter.

§2. Section 156.00 of the penal law is amended by adding a new subdivi-
sion 10 to read as follows:

10. "Electronic Communication" shall mean any transfer of signs,
signals, writing, images, sounds, data, or intelligence of any nature
transmitted in who or in part b the internet and person digital assist-
ance, such as a BlackBerry or other device.

REASONS FOR SUPPORT:
There has been a dramatic increase of crime through the use of computers
and connection through the internet and other networking devices, this
has also altered the types of crimes that can be committed and the
assess ability with which individuals can be victimized.

Cyberspace has become the perfect medium for predatory and even violent
crimes against those most vulnerable.

The increase in incidences of such offenses has climbed to such a magni-
tude that we must now begin to exam and take appropriate steps to
address and contain this criminal behavior.

This bill addresses the problem by significantly increasing criminal
penalties for such predators.

In particular, this bill creates a new offense of "Internet Related
Crimes". This crime occurs when a person commits, or assists in the
facilitation of the committing of a "crime against any individual",
where the facilitation was established by communicating with the victim
of such offense over the Internet.

PRIOR LEGISLATIVE HISTORY:
2010: S.5402 Held in Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

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

                                  2200

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  establishing  crimes  for
  the use of electronic communications

  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  three  new  sections
156.40, 156.41, and 156.42 to read as follows:
S 156.40 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE
THIRD DEGREE WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE  ELEC-
TRONIC COMMUNICATION TO:
  1. COMMIT, FURTHER FACILITATE OR PROMOTE CONDUCT CONSTITUTING A CRIME;
  2. CONCEAL THE COMMISSION OF ANY CRIME; OR
  3.  CONCEAL  OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY
CRIME.
  CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE  THIRD  DEGREE  IS  A
CLASS A MISDEMEANOR.
S 150.41 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE
SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF  ELEC-
TRONIC COMMUNICATION IN THE THIRD 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 THE 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;
  4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
  CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE  SECOND  DEGREE  IS  A
CLASS E FELONY.
S 156.42 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06041-01-3

S. 2200                             2

  A  PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE
FIRST DEGREE WHEN HE OR SHE, WITH  INTENT  TO  LURE,  ENTICE,  PERSUADE,
CONVINCE,  HARASS,  ANNOY, THREATEN OR ALARM ANOTHER PERSON, BY MEANS OF
THE USE OF ELECTRONIC COMMUNICATION CAUSE A COMMUNICATION TO  BE  INITI-
ATED  PURPORTING  TO SOLICIT THE COMMISSION OR ATTEMPTED COMMISSION OF A
VIOLENT FELONY, AS DEFINED IN SECTION 70.02 OF THIS CHAPTER.
  CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE  FIRST  DEGREE  IS  A
CLASS D FELONY.
  S 2. Section 156.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  10.  "ELECTRONIC  COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER OF SIGNS,
SIGNALS, WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE  OF  ANY  NATURE
TRANSMITTED  IN  WHOLE  OR  IN PART BY THE INTERNET AND PERSONAL DIGITAL
ASSISTANCE, SUCH AS A BLACKBERRY OR OTHER DEVICE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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