Bill Text: NY A04696 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the crime of luring a child; adds additional elements and includes use of electronic communication.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A04696 Detail]

Download: New_York-2019-A04696-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4696
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to luring a child
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 120.70 of the penal law, as added by chapter 405 of
     2  the laws of 2008, subdivision 1 as amended by chapter 189 of the laws of
     3  2018, is amended to read as follows:
     4  § 120.70 Luring a child.
     5    1. A person is guilty of luring a child when [he]:
     6    (a)  He  or  she  lures a child into a motor vehicle, aircraft, water-
     7  craft, isolated area, building, or part  thereof,  for  the  purpose  of
     8  committing against such child any of the following offenses: [an]
     9    (1) A violent felony offense as defined in section 70.02 of this chap-
    10  ter; [an]
    11    (2) An offense as defined in section 125.25 or 125.27 of this chapter;
    12  [a]
    13    (3) A felony offense that is a violation of article one hundred thirty
    14  of this chapter; [an]
    15    (4) An offense as defined in section 135.25 of this chapter; [an]
    16    (5)  An offense as defined in sections 230.19, 230.25, 230.30, 230.32,
    17  230.33, 230.34 or 230.34-a of this chapter; [an]
    18    (6) An offense as defined in sections 255.25,  255.26,  or  255.27  of
    19  this chapter; or [an]
    20    (7)  An  offense  as  defined in sections 263.05, 263.10, or 263.15 of
    21  this chapter[. For purposes of this subdivision "child" means  a  person
    22  less  than  seventeen  years  of age.   Nothing in this section shall be
    23  deemed to preclude, if the  evidence  warrants,  a  conviction  for  the
    24  commission  or  attempted  commission  of  any  crime, including but not
    25  limited to a crime defined in article one hundred  thirty-five  of  this
    26  chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08672-01-9
        A. 4696                             2

     1    2.] ; or
     2    (b)  Being eighteen years old or more and with intent to lure, entice,
     3  persuade, convince, harass, annoy, threaten or alarm a child, he or she,
     4  by means of a computer, communicates with such child or causes a  commu-
     5  nication to be initiated with such child and such communication purports
     6  to solicit:
     7    (1)  Sexual  intercourse,  oral sexual conduct, anal sexual conduct or
     8  sexual contact with such child whom he or she knows or reasonably should
     9  know is less than seventeen years old; or
    10    (2) A sexual performance by such child whom he or she knows or reason-
    11  ably should know is less than seventeen years old; or
    12    (3) Any in-person contact with such child that results in the  commis-
    13  sion  or  attempted  commission of any of the following offenses against
    14  the child:
    15    (i) A violent felony offense as defined in section 70.02 of this chap-
    16  ter;
    17    (ii) An offense as defined in section 125.25 or 125.27 of  this  chap-
    18  ter;
    19    (iii)  A  felony  offense  that  is a violation of article one hundred
    20  thirty of this chapter;
    21    (iv) An offense as defined in section 135.25 of this chapter;
    22    (v) An offense as defined in section 230.19, 230.25,  230.30,  230.32,
    23  230.33, 230.34 or 230.34-a of this chapter;
    24    (vi)  An  offense  as  defined in section 255.25, 255.26, or 255.27 of
    25  this chapter; or
    26    (vii) An offense as defined in section 263.05, 263.10,  or  263.15  of
    27  this chapter.
    28    2.  For  purposes  of this section, the following terms shall have the
    29  following meanings:
    30    (a) "Anal sexual conduct" shall have the same meaning as that term  is
    31  defined  in  paragraph  (b) of subdivision two of section 130.00 of this
    32  chapter.
    33    (b) "Building" in addition  to  its  ordinary  meaning,  includes  any
    34  structure, vehicle, aircraft or watercraft used for overnight lodging of
    35  persons,  or  used  by  persons  for carrying on business therein, or an
    36  enclosed motor truck, or an enclosed motor truck trailer.
    37    (c) "Child" means a person less than seventeen years of age.
    38    (d) "Communicate" shall, in addition to its ordinary meaning,  include
    39  oral and visual communication. Visual communication includes, but is not
    40  limited   to,   electronic  text  messages,  electronic  mail  messages,
    41  pictures, illustrations or graphics.
    42    (e) "Computer" shall have the same meaning as that term is defined  by
    43  section 156.00 of this chapter.
    44    (f)  "Computer  program"  shall  have the same meaning as that term is
    45  defined by section 156.00 of this chapter.
    46    (g) "Oral sexual conduct" shall have the same meaning as that term  is
    47  defined  in  paragraph  (a) of subdivision two of section 130.00 of this
    48  chapter.
    49    (h) "Sexual contact" shall have the same meaning as ascribed  to  such
    50  term by subdivision three of section 130.00 of this chapter.
    51    (i)  "Sexual  intercourse" shall have the same meaning as that term is
    52  defined in subdivision one of section 130.00 of this chapter.
    53    (j) "Sexual performance" shall have the same meaning as that  term  is
    54  defined in section 263.00 of this chapter.
        A. 4696                             3
     1    3.  Nothing  in  this  section  shall  be  deemed  to preclude, if the
     2  evidence so warrants, an indictment and conviction for attempted kidnap-
     3  ping under the provisions of sections 110.00 and 135.00 of this chapter.
     4    Luring a child is a class [E] D felony, provided, however, that if the
     5  underlying  offense  the  actor  intended  to  commit against such child
     6  constituted a class A or a class B felony, then the offense of luring  a
     7  child in violation of this section shall be deemed respectively, a class
     8  [C] B felony or class [D] C felony.
     9    § 2. This act shall take effect on the first of November next succeed-
    10  ing the date on which it shall have become a law.