Bill Text: NY S08174 | 2015-2016 | General Assembly | Introduced
Bill Title: Prohibits sex offenders from playing augmented reality games.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-08-03 - REFERRED TO RULES [S08174 Detail]
Download: New_York-2015-S08174-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8174 IN SENATE August 3, 2016 ___________ Introduced by Sens. KLEIN, SAVINO, AVELLA, CARLUCCI, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend 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. Paragraph (b) of subdivision 4-a of section 65.10 of the 2 penal law, as added by chapter 67 of the laws of 2008, is amended to 3 read as follows: 4 (b) When imposing a sentence of probation or conditional discharge 5 upon a person convicted of an offense for which registration as a sex 6 offender is required pursuant to subdivision two or three of section one 7 hundred sixty-eight-a of the correction law, and the victim of such 8 offense was under the age of eighteen at the time of such offense or 9 such person has been designated a level three sex offender pursuant to 10 subdivision six of section one hundred sixty-eight-l of the correction 11 law or the internet was used to facilitate the commission of the crime, 12 the court shall require, as mandatory conditions of such sentence, that 13 such sentenced offender be prohibited from using the internet to access 14 pornographic material, access a commercial social networking website[,] 15 or augmented reality game, communicate with other individuals or groups 16 for the purpose of promoting sexual relations with persons under the age 17 of eighteen, and communicate with a person under the age of eighteen 18 when such offender is over the age of eighteen, provided that the court 19 may permit an offender to use the internet to communicate with a person 20 under the age of eighteen when such offender is the parent of a minor 21 child and is not otherwise prohibited from communicating with such 22 child. Nothing in this subdivision shall be construed as restricting any 23 other lawful condition of supervision that may be imposed on such 24 sentenced offender. As used in this subdivision, a "commercial social 25 networking website" shall mean any business, organization or other enti- 26 ty operating a website that permits persons under eighteen years of age 27 to be registered users for the purpose of establishing personal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15954-02-6S. 8174 2 1 relationships with other users, where such persons under eighteen years 2 of age may: (i) create web pages or profiles that provide information 3 about themselves where such web pages or profiles are available to the 4 public or to other users; (ii) engage in direct or real time communi- 5 cation with other users, such as a chat room or instant messenger; and 6 (iii) communicate with persons over eighteen years of age; provided, 7 however, that, for purposes of this subdivision, a commercial social 8 networking website shall not include a website that permits users to 9 engage in such other activities as are not enumerated herein. As used 10 in this subdivision, "augmented reality game" means a digital applica- 11 tion or game, typically accessed on mobile devices, including but not 12 limited to: smartphones; tablets; or augmented reality glasses; which 13 causes users to physically move to and/or personally interact with 14 locations outside the user's place of residence for the purpose of 15 achieving goals or moving from place to place within the game. 16 § 2. This act shall take effect on the sixtieth day after it shall 17 have become a law.
