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