Bill Text: NY S03142 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S03142 Detail]

Download: New_York-2015-S03142-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3142
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
         printed to be committed 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.
                                                                  LBD05568-02-5