Bill Text: NY A01527 | 2009-2010 | General Assembly | Amended

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Bill Title: Creates the crime of luring or enticing a child on the internet.

Spectrum: Slight Partisan Bill (Democrat 34-12)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A01527 Detail]

Download: New_York-2009-A01527-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1527--C
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by M. of A. COLTON, ZEBROWSKI, LANCMAN, BENEDETTO, ROBINSON,
         GIGLIO, WALKER, MOLINARO, RAIA, SCHIMEL, JAFFEE, MAISEL, KOON,  CLARK,
         SCHROEDER,  PHEFFER, TOBACCO, GREENE -- Multi-Sponsored by -- M. of A.
         ABBATE, BACALLES, CONTE, CROUCH,  JOHN,  P. LOPEZ,  McDONOUGH,  QUINN,
         REILLY, WEISENBERG -- read once and referred to the Committee on Codes
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee -- again reported from said  commit-
         tee  with  amendments, ordered reprinted as amended and recommitted to
         said committee -- again reported from said committee with  amendments,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to  amend  the  penal law, in relation to creating the crime of
         criminal luring or enticing of a child on the internet
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 260.09 to
    2  read as follows:
    3  S 260.09 CRIMINAL LURING OR ENTICING OF A CHILD ON THE INTERNET.
    4    1.  WHENEVER SUCH TERM IS USED IN THIS SECTION:
    5    (A) "CHILD" SHALL MEAN SOMEONE UNDER THE AGE OF EIGHTEEN YEARS; AND
    6    (B) "MISREPRESENTATION" SHALL MEAN ANY COMMUNICATION BY WORDS  OR  ANY
    7  OTHER  MEANS  MADE BY A PERSON, HAVING THE INTENT OF DECEIVING OR HAVING
    8  THE KNOWLEDGE THAT SUCH COMMUNICATION IS  FALSE,  TO  A  CHILD  FOR  THE
    9  PURPOSE OF INDUCING AN ACT OR AN OMISSION BY SUCH CHILD; AND
   10    (C)  "PERSON" SHALL MEAN SOMEONE TWENTY-ONE YEARS OF AGE AND OLDER; OR
   11  SOMEONE UNDER TWENTY-ONE YEARS OF AGE AND AT LEAST FOUR YEARS OLDER THAN
   12  A CHILD.
   13    2. A PERSON IS GUILTY OF CRIMINAL LURING OR ENTICING OF A CHILD ON THE
   14  INTERNET WHEN HE OR SHE INTENTIONALLY OR KNOWINGLY ENGAGES  A  CHILD  IN
   15  CONVERSATION  ON THE INTERNET OR SOME OTHER ELECTRONIC DEVICE, AND LURES
   16  OR ATTEMPTS TO LURE A CHILD INTO AN AREA AND  ENTICES,  BY  MISREPRESEN-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04323-08-9
       A. 1527--C                          2
    1  TATION  OF THEIR IDENTITY, AGE, INTENT OR PURPOSE, OR ATTEMPTS TO ENTICE
    2  SUCH CHILD INTO AN ACTIVITY BY, INCLUDING BUT NOT  LIMITED  TO,  FALSELY
    3  REQUESTING  HELP OR PROMISING A REWARD, WHERE SUCH ACTIVITY OR SUCH AREA
    4  IS  LIKELY TO LEAD TO AN INJURY TO THE PHYSICAL, MENTAL OR MORAL WELFARE
    5  OF SUCH CHILD.
    6    3. IT IS NOT AN AFFIRMATIVE DEFENSE TO A PROSECUTION FOR  A  VIOLATION
    7  OF THIS SECTION THAT:
    8    (A)  THE  CHILD  WAS  ACTUALLY  A  LAW ENFORCEMENT OFFICER POSING AS A
    9  CHILD; OR
   10    (B) A MEETING DID NOT OCCUR.
   11    CRIMINAL LURING OR ENTICING OF A CHILD ON THE INTERNET IS  A  CLASS  C
   12  FELONY.
   13    S 2. This act shall take effect on the first of November next succeed-
   14  ing the date on which it shall have become a law.