BILL NUMBER: S5523

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring sex offen-
ders to register authorized internet entities that such offender uses

 
PURPOSE:

To require registered sex offenders to provide any authorized internet
entities the sex offender uses such as Facebook to the Sex Offender
Registry maintained by the New York State Division of Criminal Justice
Services.

 
SUMMARY OF PROVISIONS:

Section One: Amends paragraph (a) of subdivision 1 of Section 168-b of
the Correction Law to include any authorized internet entities a sex
offender uses in the file the Division of Criminal Justice Services is
required to maintain on each registered sex offender.
              

Section Two: Amends Subdivision 4 of Section 168-f of the Correction Law
to require a sex offender to register with the Division of Criminal
Justice Services no later than 10 calendar days after any change of
authorized internet entities such sex offender uses.

Section Three: Effective date.

 
JUSTIFICATION:

A recent New York State Court of Appeals decision exposed a loophole
that exists in the state's Sex Offender Registration Act (aka
Megan'sLaw) which will allow registered sex offenders to not disclose
the fact that they use social networking sites such as Facebook to the
Division of Criminal Justice Services (DCJS).

The decision resulted from an appeal by a sex offender from Ticonderoga,
Essex County, who faced a felony charge for violating a registry report-
ing requirement because he did not report that he had a Facebook account
to DCJS. The offender, a Level 3 sex offender, was convicted of Promot-
ing a Sexual Performance by a Child less than 17 years of age (child-
porn) and served his three-year maximum-term in state prison State law
requires sex offenders to verify specified information annually and to
register with DCJS with no later than 10 days after any change of
address, Internet accounts with access providers belonging to such
offender or Internet identifiers the sex offender uses. "Internet iden-
tifiers" are defined as electronic mail addresses and designations used
for the purposes of chat, instant messaging, social networking or other
similar Internet communication. To address the issue of sex offenders
accessing social media websites anonymously, the law ("e-Stop") allows
DCJS to release the Internet identifiers used by sex offenders to
authorized Internet entities.  "Authorized internet entity" is defined
as any business, organization or other entity providing or offering a
service over the internet which permits persons under 18 to access,
meet, congregate or communicate with other users for the purpose of
social networking, other than general e-mail service.


At issue was although the defendant had disclosed the internet identifi-
er he used to log into Facebook and the name he is referred to on Face-
book (his real name) when filling out his annual verification form, he
did not disclose the fact that he had a Facebook account. He was charged
with failing to register with DCJS a class E felony. The District Attor-
ney's office argued that a Facebook account falls under the definition
of "internet identifier" which sex offenders are required to list on the
annual verification form.  Although the defendant initially pleaded
guilty as charged, the Appellate Division reversed the judgment and the
Court of Appeals, the state's highest court, affirmed the Appellate
Division's conclusion that "Facebook is not an "Internet identifier" and
that the existence of a Facebook account - as opposed to the internet
identifiers a sex offender may use to access Facebook or interact with
other users on Facebook need not be disclosed to DCJS pursuant to
Correction Law "

The Court of Appeals further opined that the "legislature could have
easily included among the mandatory disclosure provisions of Correction
Law Section 168-f (4) the "the authorized internet entities" that a sex
offender uses, such as Facebook which is what this bill does. The Legis-
lature must act quickly to fix this gaping hole exposed in the Sex
Offender Registration Act which New Yorkers depend on to protect them-
selves and their children from sexual predators.

 
LEGISLATIVE HISTORY:

2020/2019: 56645 referred to Crime Victims, Crime and Corrections; A8523
referred to Corrections

 
FISCAL IMPLICATIONS:

None.

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