Bill Text: NY S02652 | 2017-2018 | General Assembly | Amended


Bill Title: Prohibits sex offenders from playing augmented reality games.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S02652 Detail]

Download: New_York-2017-S02652-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2652--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 17, 2017
                                       ___________
        Introduced  by  Sens.  KLEIN,  SAVINO, AVELLA, CARLUCCI, VALESKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the executive law and the  penal  law,  in  relation  to
          prohibiting sex offenders from playing augmented reality games
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 15 of section 259-c of the  executive  law,  as
     2  amended by section 38-b of subpart A of part C of chapter 62 of the laws
     3  of 2011, is amended to read as follows:
     4    15.  Notwithstanding any other provision of law to the contrary, where
     5  a person is serving a sentence for an offense for which registration  as
     6  a  sex  offender  is  required  pursuant  to subdivision two or three of
     7  section one hundred sixty-eight-a of the correction law, and the  victim
     8  of  such  offense  was  under  the  age  of eighteen at the time of such
     9  offense or such person has been designated a level  three  sex  offender
    10  pursuant  to subdivision six of section one hundred sixty-eight-l of the
    11  correction law or the internet was used to facilitate the commission  of
    12  the  crime,  is released on parole or conditionally released pursuant to
    13  subdivision one or two of this section,  the  board  shall  require,  as
    14  mandatory conditions of such release, that such sentenced offender shall
    15  be  prohibited  from using the internet to access pornographic material,
    16  access a commercial social networking website[,]  or  augmented  reality
    17  game,  communicate  with  other individuals or groups for the purpose of
    18  promoting sexual relations with persons under the age of  eighteen,  and
    19  communicate  with  a person under the age of eighteen when such offender
    20  is over the age of eighteen, provided  that  the  board  may  permit  an
    21  offender  to use the internet to communicate with a person under the age
    22  of eighteen when such offender is the parent of a minor child and is not
    23  otherwise prohibited from communicating with such child. Nothing in this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07789-02-7

        S. 2652--A                          2
     1  subdivision shall be construed as restricting any other lawful condition
     2  of supervision that may be imposed on such sentenced offender.  As  used
     3  in this subdivision, a "commercial social networking website" shall mean
     4  any  business,  organization  or  other  entity operating a website that
     5  permits persons under eighteen years of age to be registered  users  for
     6  the  purpose  of  establishing  personal relationships with other users,
     7  where such persons under eighteen years of age may: (i) create web pages
     8  or profiles that provide information about  themselves  where  such  web
     9  pages  or  profiles  are available to the public or to other users; (ii)
    10  engage in direct or real time communication with other users, such as  a
    11  chat  room or instant messenger; and (iii) communicate with persons over
    12  eighteen years of age; provided, however, that,  for  purposes  of  this
    13  subdivision,  a commercial social networking website shall not include a
    14  website that permits users to engage in such other activities as are not
    15  enumerated herein.   As used in  this  subdivision,  "augmented  reality
    16  game"  means a digital application or game, typically accessed on mobile
    17  devices,  including  but  not  limited  to:  smartphones;  tablets;   or
    18  augmented  reality  glasses;  which  causes  users to physically move to
    19  and/or personally interact with locations outside the  user's  place  of
    20  residence  for  the  purpose  of achieving goals or moving from place to
    21  place within the game.
    22    § 2. Paragraph (b) of subdivision 4-a of section 65.10  of  the  penal
    23  law,  as  added by chapter 67 of the laws of 2008, is amended to read as
    24  follows:
    25    (b) When imposing a sentence of  probation  or  conditional  discharge
    26  upon  a  person  convicted of an offense for which registration as a sex
    27  offender is required pursuant to subdivision two or three of section one
    28  hundred sixty-eight-a of the correction law,  and  the  victim  of  such
    29  offense  was  under  the  age of eighteen at the time of such offense or
    30  such person has been designated a level three sex offender  pursuant  to
    31  subdivision  six  of section one hundred sixty-eight-l of the correction
    32  law or the internet was used to facilitate the commission of the  crime,
    33  the  court shall require, as mandatory conditions of such sentence, that
    34  such sentenced offender be prohibited from using the internet to  access
    35  pornographic  material, access a commercial social networking website[,]
    36  or augmented reality game, communicate with other individuals or  groups
    37  for the purpose of promoting sexual relations with persons under the age
    38  of  eighteen,  and  communicate  with a person under the age of eighteen
    39  when such offender is over the age of eighteen, provided that the  court
    40  may  permit an offender to use the internet to communicate with a person
    41  under the age of eighteen when such offender is the parent  of  a  minor
    42  child  and  is  not  otherwise  prohibited  from communicating with such
    43  child. Nothing in this subdivision shall be construed as restricting any
    44  other lawful condition of  supervision  that  may  be  imposed  on  such
    45  sentenced  offender.  As  used in this subdivision, a "commercial social
    46  networking website" shall mean any business, organization or other enti-
    47  ty operating a website that permits persons under eighteen years of  age
    48  to  be  registered  users  for  the  purpose  of  establishing  personal
    49  relationships with other users, where such persons under eighteen  years
    50  of  age  may:  (i) create web pages or profiles that provide information
    51  about themselves where such web pages or profiles are available  to  the
    52  public  or  to  other users; (ii) engage in direct or real time communi-
    53  cation with other users, such as a chat room or instant  messenger;  and
    54  (iii)  communicate  with  persons  over eighteen years of age; provided,
    55  however, that, for purposes of this  subdivision,  a  commercial  social
    56  networking  website  shall  not  include a website that permits users to

        S. 2652--A                          3
     1  engage in such other activities as are not enumerated herein.   As  used
     2  in  this  subdivision, "augmented reality game" means a digital applica-
     3  tion or game, typically accessed on mobile devices,  including  but  not
     4  limited  to:  smartphones;  tablets; or augmented reality glasses; which
     5  causes users to physically  move  to  and/or  personally  interact  with
     6  locations  outside  the  user's  place  of  residence for the purpose of
     7  achieving goals or moving from place to place within the game.
     8    § 3. This act shall take effect on the sixtieth  day  after  it  shall
     9  have become a law.
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