Senate Bill S3839A

                                BILL NUMBER:S3839A

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

PURPOSE:

The purpose of this bill is to target those who participate in sexual
abuse by means of remote, 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 or
she intentionally engages in conduct that or aids another person in
commission of a felony sex defined in paragraph (a) subdivision one of
section 70.80 of this defines "electronic communication" as the
transfer of signs, signals, writings, images, sounds, data or
intelligence transmitted in whole or in part by a wire, radio,
electromagnetic, photo-electronic or photo-optical system and includes
but is not limited to transfer of communication through the Internet.
Facilitating a sex offense through electronic communication is a class
D felony.

Section 2 - provides that the act shall take effect on the first of
November next succeeding the date on which it shall have become a law.
              

Existing Law:

Current criminal facilitation laws require that the facilitator
provide the means or opportunity for the commission of the crime.Such
laws are inapplicable to the Internet-based facilitation targeted in
this bill, in which the facilitator does not provide the means for the
commission of the sexual offense, yet plays a substantial part in
encouraging and directing it Under current law, this conduct would
amount to low a degree criminal solicitation charge, at most.

JUSTIFICATION:

Current law does not specifically target those who remotely
participate in sexual offenses by encouraging or aiding the
perpetrator who is physically present with the victim. To give one
example, an incident occurred several years ago in Western New York in
which a pedophile broadcast his abuse of a young child over the
Internet, while receiving suggestions from online audience members as
to sexual acts to be performed. The participation of online audience
Members in this fashion should be treated as criminal facilitation. It
is not under current law, however, because the viewer does not provide
the means or opportunity for the physical perpetrator to commit the
crime. The conduct targeted by this bill presents a unique situation,
one in which the physical perpetrator of the sex offense receives
explicit, live encouragement and direction.  Under current law, such
conduct would at most constitute low degree criminal solicitation, a
misdemeanor. Such a penalty is clearly inappropriate. This bill
converts this crime into a Class D felony.

LEGISLATIVE HISTORY:


2013 S.3839 - Referred to Codes
2011-12 - S.1741 - Referred to Codes
2009-10 - S.2108/A.3789 - Referred to Codes
2007-08 - S.2323A/A.5883A - Passed Senate
2005-06 - S.5839/A.10752 - Passed Senate

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

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