S T A T E O F N E W Y O R K
________________________________________________________________________
1990
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. BRAUN-
STEIN -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to prohibiting a person
required to register under the sex offender registration act from
possessing an online gamer account
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is relettered section 168-x and a new
section 168-w is added to read as follows:
§ 168-W. PROHIBITION OF ONLINE GAMER ACCOUNTS. 1. FOR PURPOSES OF THIS
SECTION AN "ONLINE GAMER ACCOUNT" MEANS A USER NAME OR OTHER NAME, OR
IDENTIFYING DATA THAT ALLOWS SUCH INDIVIDUAL OR USER TO ENGAGE, SPEC-
TATE, MESSAGE, COMMUNICATE, PARTICIPATE, OR PLAY ON THE INTERNET,
CONSOLE, GAMING SYSTEM, AND/OR NETWORK, IN WHICH OTHER INDIVIDUALS CAN
ENGAGE IN THE SAME GAME, GAMES, ACTIVITIES, OR MULTIPLAYER FEATURES. AN
"ONLINE GAMER ACCOUNT" INCLUDES, BUT IS NOT LIMITED TO, A CONSOLE GAMING
ACCOUNT, COMPUTER GAMING ACCOUNT, USER TAG, USER ACCOUNT, USER NAME,
NETWORK ACCOUNT, X-BOX GAMER TAG, PLAYSTATION NETWORK NAME, NINTENDO
NETWORK ID, ONLINE MULTIPLAYER USER NAME, ONLINE MULTIPLAYER PLAYING
ACCOUNT, UNIQUE USER NAME, OR ANY OTHER PROFILE AND/OR NAMED ACCOUNT
THAT ALLOWS SUCH INDIVIDUAL OR USER TO ENGAGE, SPECTATE, MESSAGE, COMMU-
NICATE, PARTICIPATE, OR PLAY ON THE INTERNET, CONSOLE, GAMING SYSTEM,
AND/OR NETWORK, IN WHICH OTHER INDIVIDUALS CAN ENGAGE IN THE SAME GAME,
GAMES, ACTIVITIES, OR MULTIPLAYER FEATURES.
2. A. NO PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE
SHALL BE PERMITTED TO HAVE AN ONLINE GAMER ACCOUNT THAT ALLOWS SUCH
PERSON TO ENGAGE IN THE WATCHING, PARTICIPATION, COMMUNICATION, MESSAG-
ING, TALKING, AND/OR PLAYING OF ANY TYPE OF GAME OVER THE INTERNET,
CONSOLE, PLATFORM, SYSTEM, ONLINE MULTIPLAYER FEATURE, OR ANY OTHER TYPE
OF DEVICE, IN WHICH MINORS ALSO HAVE ACCESS TO AN ONLINE GAMER ACCOUNT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05673-01-1
A. 1990 2
B. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
CURRENTLY HAS SUCH ONLINE GAMER ACCOUNT SHALL DELETE, REMOVE AND/OR
CANCEL SUCH ONLINE GAMER ACCOUNT WITHIN SEVEN DAYS AFTER THE EFFECTIVE
DATE OF THIS SECTION. SUCH PERSON SHALL REPORT SUCH ACCOUNT, AND THE
ACCOUNT'S DELETION, TO THE DIVISION WITHIN SEVEN DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SECTION.
3. A. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE
WHO FAILS TO REPORT SUCH ONLINE GAMER ACCOUNT TO THE DIVISION SEVEN DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE GUILTY OF A CLASS A
MISDEMEANOR.
B. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
CURRENTLY HAS SUCH ONLINE GAMER ACCOUNT AT THE TIME OF THE EFFECTIVE
DATE OF THIS SECTION, AND WHO FAILS TO DELETE, REMOVE AND/OR CANCEL SUCH
ONLINE GAMER ACCOUNT WITHIN SEVEN DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
C. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
CREATES AN ONLINE GAMER ACCOUNT AFTER THE EFFECTIVE DATE OF THIS SECTION
SHALL BE GUILTY OF A CLASS A MISDEMEANOR. UPON THE SECOND VIOLATION, AND
EACH SUBSEQUENT VIOLATION, OF THIS SUBDIVISION SUCH PERSON SHALL BE
GUILTY OF A CLASS E FELONY.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.