Bill Text: NY A03789 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to the crime of facilitating a sex offense through electronic communication

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A03789 Detail]

Download: New_York-2009-A03789-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3789
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by  M.  of  A.  SCHIMMINGER,  ALFANO, BARRA -- read once and
         referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to the crime of  facilitating
         a sex offense through electronic communication
         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 130.93  to
    2  read as follows:
    3  S 130.93 FACILITATING A SEX OFFENSE THROUGH ELECTRONIC COMMUNICATION.
    4    A  PERSON  IS  GUILTY OF FACILITATING A SEX OFFENSE THROUGH ELECTRONIC
    5  COMMUNICATION WHEN, WITH INTENT TO CAUSE  SEXUAL  CONTACT  WITH  ANOTHER
    6  PERSON, HE OR SHE KNOWINGLY ENCOURAGES, SUGGESTS, ORDERS, AIDS OR OTHER-
    7  WISE  PARTICIPATES  THROUGH  ELECTRONIC  COMMUNICATION  WITH ONE OR MORE
    8  PERSONS TO ENGAGE IN A SEX OFFENSE  AS  DEFINED  IN  THIS  ARTICLE  WITH
    9  ANOTHER PERSON.
   10    FACILITATING A SEX OFFENSE THROUGH ELECTRONIC COMMUNICATION IS A CLASS
   11  D FELONY.
   12    S 2. Section 120.40 of the penal law is amended by adding a new subdi-
   13  vision 6 to read as follows:
   14    6.  "ELECTRONIC  COMMUNICATION"  MEANS ANY TRANSFER OF SIGNS, SIGNALS,
   15  WRITINGS, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE  TRANSMIT-
   16  TED  IN  WHOLE OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTO-ELEC-
   17  TRONIC, OR PHOTO-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION INCLUDES,  BUT
   18  IS NOT LIMITED TO, THE TRANSFER OF THAT COMMUNICATION THROUGH THE INTER-
   19  NET.
   20    S 3. This act shall take effect on the first of November next succeed-
   21  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06811-01-9