Bill Text: NY A07525 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the crime of allurement of a minor through electronic means.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A07525 Detail]

Download: New_York-2013-A07525-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7525
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 23, 2013
                                      ___________
       Introduced  by  M.  of A. ENGLEBRIGHT, GRAF -- read once and referred to
         the Committee on Codes
       AN ACT to amend the penal law, in relation to establishing the crime  of
         allurement of a minor through electronic means
         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 two new sections  263.17
    2  and 263.18 to read as follows:
    3  S 263.17 ALLUREMENT  OF  A  MINOR THROUGH ELECTRONIC MEANS IN THE SECOND
    4             DEGREE.
    5    ANY INDIVIDUAL WHO KNOWINGLY ENGAGES IN SEXUAL COMMUNICATION  FOR  THE
    6  PURPOSE, IN WHOLE OR SUBSTANTIAL PART, OF HIS OR HER OWN SEXUAL GRATIFI-
    7  CATION,  INCLUDING TEXT MESSAGES OR PICTURES, WITH AN INDIVIDUAL WHOM HE
    8  OR SHE KNOWS TO BE A MINOR, THROUGH ANY ELECTRONIC MEANS SHALL BE GUILTY
    9  OF THE CRIME OF ALLUREMENT OF A MINOR THROUGH  ELECTRONIC  MEANS.    THE
   10  CRIME  OF ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS SHALL NOT APPLY
   11  TO COMMUNICATIONS SENT FROM ONE MINOR TO ANOTHER, TO COMMUNICATIONS SENT
   12  BY A PERSON AGE TWENTY-ONE OR UNDER TO A PERSON AGE SEVENTEEN OR  OLDER,
   13  NOR TO COMMUNICATIONS FROM A PERSON AGE EIGHTEEN TO A PERSON AGE FIFTEEN
   14  OR OVER.
   15    ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE IS
   16  A CLASS A MISDEMEANOR.
   17  S 263.18 ALLUREMENT  OF  A  MINOR  THROUGH ELECTRONIC MEANS IN THE FIRST
   18             DEGREE.
   19    A PERSON IS GUILTY OF ALLUREMENT OF A MINOR THROUGH  ELECTRONIC  MEANS
   20  IN  THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF ALLUREMENT OF A
   21  MINOR THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE, AND HAS  PREVIOUSLY
   22  BEEN CONVICTED OF SUCH CRIME WITHIN THE PRECEDING TEN YEARS.
   23    ALLUREMENT  OF A MINOR THROUGH ELECTRONIC MEANS IN THE FIRST DEGREE IS
   24  A CLASS E FELONY.
   25    S 2. This act shall take effect on the ninetieth day   after it  shall
   26  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09928-06-3