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Senate Bill S1444

2017-2018 Legislative Session

Relates to establishing the crime of allurement of a minor through electronic means

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2017-S1444 (ACTIVE) - Details

See Assembly Version of this Bill:
A6297
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§263.17 & 263.18, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5263, A7525
2015-2016: S3142, A3544
2019-2020: S1324

2017-S1444 (ACTIVE) - Summary

Establishes the crime of allurement of a minor through electronic means.

2017-S1444 (ACTIVE) - Sponsor Memo

2017-S1444 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1444
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced by Sens. FUNKE, GOLDEN -- 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 the crime of
   allurement of a minor through electronic means
 
   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 263.17
 and 263.18 to read as follows:
 § 263.17 ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS  IN  THE  SECOND
            DEGREE.
   ANY  INDIVIDUAL  WHO KNOWINGLY ENGAGES IN SEXUAL COMMUNICATION FOR THE
 PURPOSE, IN WHOLE OR SUBSTANTIAL PART, OF HIS OR HER OWN SEXUAL GRATIFI-
 CATION, INCLUDING TEXT MESSAGES OR PICTURES, WITH AN INDIVIDUAL WHOM  HE
 OR SHE KNOWS TO BE A MINOR, THROUGH ANY ELECTRONIC MEANS SHALL BE GUILTY
 OF  THE  CRIME  OF  ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS.  THE
 CRIME OF ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS SHALL NOT  APPLY
 TO COMMUNICATIONS SENT FROM ONE MINOR TO ANOTHER, TO COMMUNICATIONS SENT
 BY  A PERSON AGE TWENTY-ONE OR UNDER TO A PERSON AGE SEVENTEEN OR OLDER,
 NOR TO COMMUNICATIONS FROM A PERSON AGE EIGHTEEN TO A PERSON AGE FIFTEEN
 OR OVER.
   ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE IS
 A CLASS A MISDEMEANOR.
 § 263.18 ALLUREMENT OF A MINOR THROUGH ELECTRONIC  MEANS  IN  THE  FIRST
            DEGREE.
   A  PERSON  IS GUILTY OF ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS
 IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF ALLUREMENT OF  A
 MINOR  THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE, AND HAS PREVIOUSLY
 BEEN CONVICTED OF SUCH CRIME WITHIN THE PRECEDING TEN YEARS.
   ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE FIRST DEGREE  IS
 A CLASS E FELONY.
   §  2.  This act shall take effect on the ninetieth day  after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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