S T A T E O F N E W Y O R K
________________________________________________________________________
4696
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to luring a child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 120.70 of the penal law, as added by chapter 405 of
the laws of 2008, subdivision 1 as amended by chapter 189 of the laws of
2018, is amended to read as follows:
§ 120.70 Luring a child.
1. A person is guilty of luring a child when [he]:
(A) HE or she lures a child into a motor vehicle, aircraft, water-
craft, isolated area, building, or part thereof, for the purpose of
committing against such child any of the following offenses: [an]
(1) A VIOLENT FELONY offense as defined in section 70.02 of this chap-
ter; [an]
(2) AN offense as defined in section 125.25 or 125.27 of this chapter;
[a]
(3) A felony offense that is a violation of article one hundred thirty
of this chapter; [an]
(4) AN offense as defined in section 135.25 of this chapter; [an]
(5) AN offense as defined in sections 230.19, 230.25, 230.30, 230.32,
230.33, 230.34 or 230.34-a of this chapter; [an]
(6) AN offense as defined in sections 255.25, 255.26, or 255.27 of
this chapter; or [an]
(7) AN offense as defined in sections 263.05, 263.10, or 263.15 of
this chapter[. For purposes of this subdivision "child" means a person
less than seventeen years of age. Nothing in this section shall be
deemed to preclude, if the evidence warrants, a conviction for the
commission or attempted commission of any crime, including but not
limited to a crime defined in article one hundred thirty-five of this
chapter.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08672-01-9
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2.] ; OR
(B) BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO LURE, ENTICE,
PERSUADE, CONVINCE, HARASS, ANNOY, THREATEN OR ALARM A CHILD, HE OR SHE,
BY MEANS OF A COMPUTER, COMMUNICATES WITH SUCH CHILD OR CAUSES A COMMU-
NICATION TO BE INITIATED WITH SUCH CHILD AND SUCH COMMUNICATION PURPORTS
TO SOLICIT:
(1) SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT OR
SEXUAL CONTACT WITH SUCH CHILD WHOM HE OR SHE KNOWS OR REASONABLY SHOULD
KNOW IS LESS THAN SEVENTEEN YEARS OLD; OR
(2) A SEXUAL PERFORMANCE BY SUCH CHILD WHOM HE OR SHE KNOWS OR REASON-
ABLY SHOULD KNOW IS LESS THAN SEVENTEEN YEARS OLD; OR
(3) ANY IN-PERSON CONTACT WITH SUCH CHILD THAT RESULTS IN THE COMMIS-
SION OR ATTEMPTED COMMISSION OF ANY OF THE FOLLOWING OFFENSES AGAINST
THE CHILD:
(I) A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THIS CHAP-
TER;
(II) AN OFFENSE AS DEFINED IN SECTION 125.25 OR 125.27 OF THIS CHAP-
TER;
(III) A FELONY OFFENSE THAT IS A VIOLATION OF ARTICLE ONE HUNDRED
THIRTY OF THIS CHAPTER;
(IV) AN OFFENSE AS DEFINED IN SECTION 135.25 OF THIS CHAPTER;
(V) AN OFFENSE AS DEFINED IN SECTION 230.19, 230.25, 230.30, 230.32,
230.33, 230.34 OR 230.34-A OF THIS CHAPTER;
(VI) AN OFFENSE AS DEFINED IN SECTION 255.25, 255.26, OR 255.27 OF
THIS CHAPTER; OR
(VII) AN OFFENSE AS DEFINED IN SECTION 263.05, 263.10, OR 263.15 OF
THIS CHAPTER.
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "ANAL SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING AS THAT TERM IS
DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION 130.00 OF THIS
CHAPTER.
(B) "BUILDING" IN ADDITION TO ITS ORDINARY MEANING, INCLUDES ANY
STRUCTURE, VEHICLE, AIRCRAFT OR WATERCRAFT USED FOR OVERNIGHT LODGING OF
PERSONS, OR USED BY PERSONS FOR CARRYING ON BUSINESS THEREIN, OR AN
ENCLOSED MOTOR TRUCK, OR AN ENCLOSED MOTOR TRUCK TRAILER.
(C) "CHILD" MEANS A PERSON LESS THAN SEVENTEEN YEARS OF AGE.
(D) "COMMUNICATE" SHALL, IN ADDITION TO ITS ORDINARY MEANING, INCLUDE
ORAL AND VISUAL COMMUNICATION. VISUAL COMMUNICATION INCLUDES, BUT IS NOT
LIMITED TO, ELECTRONIC TEXT MESSAGES, ELECTRONIC MAIL MESSAGES,
PICTURES, ILLUSTRATIONS OR GRAPHICS.
(E) "COMPUTER" SHALL HAVE THE SAME MEANING AS THAT TERM IS DEFINED BY
SECTION 156.00 OF THIS CHAPTER.
(F) "COMPUTER PROGRAM" SHALL HAVE THE SAME MEANING AS THAT TERM IS
DEFINED BY SECTION 156.00 OF THIS CHAPTER.
(G) "ORAL SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING AS THAT TERM IS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION 130.00 OF THIS
CHAPTER.
(H) "SEXUAL CONTACT" SHALL HAVE THE SAME MEANING AS ASCRIBED TO SUCH
TERM BY SUBDIVISION THREE OF SECTION 130.00 OF THIS CHAPTER.
(I) "SEXUAL INTERCOURSE" SHALL HAVE THE SAME MEANING AS THAT TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION 130.00 OF THIS CHAPTER.
(J) "SEXUAL PERFORMANCE" SHALL HAVE THE SAME MEANING AS THAT TERM IS
DEFINED IN SECTION 263.00 OF THIS CHAPTER.
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3. NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE, IF THE
EVIDENCE SO WARRANTS, AN INDICTMENT AND CONVICTION FOR ATTEMPTED KIDNAP-
PING UNDER THE PROVISIONS OF SECTIONS 110.00 AND 135.00 OF THIS CHAPTER.
Luring a child is a class [E] D felony, provided, however, that if the
underlying offense the actor intended to commit against such child
constituted a class A or a class B felony, then the offense of luring a
child in violation of this section shall be deemed respectively, a class
[C] B felony or class [D] C felony.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.