Creates the crime of luring or enticing a child on the internet

21 Co-sponsors

• Aileen Gunther
• Ellen C. Jaffee
• Robert Reilly
• Michael Benedetto
• Sandy Galef
• Harvey Weisenberg
• David Koon
• Dennis H. Gabryszak
• Margaret Markey
• William Colton
• Francine DelMonte
• Albert A. Stirpe
• Joan Christensen
• Matthew Titone
• Ginny Fields
• Michele Titus
• Nelson Castro
• Frank Skartados
• Michael G. Miller
• Carmen E. Arroyo
• Earlene Hooper

22 Multi-sponsors

• Peter Abbate
• Thomas Alfano
• William A. Barclay
• Daniel Burling
• Nancy Calhoun
• James Conte
• Jane Corwin
• Clifford Crouch
• Michael DenDekker
• Janet Duprey
• Vanessa Gibson
• Joseph Giglio
• William Magee
• Nettie Mayersohn
• Grace Meng
• Marcus Molinaro
• Michael Montesano
• Audrey Pheffer
• Andrew Raia
• Joseph Saladino
• James Tedisco
• Louis Tobacco

BILL NUMBER:A10170

Title of bill

An act to amend the penal law, in relation to creating the crime of criminal luring or enticing of a child on the internet

Purpose

Creates the crime of luring or enticing a child on the internet.

Summary of provisions

Defines criminal luring or enticing of a child on the internet as engaging a child in conversation on the internet or some other electronic device, and luring or attempting to lure a child to an area where the person might engage in a violent/sexual act to harm the child through:

-The misrepresentation of their identity

-The misrepresentation of their intent or purpose

- A false request of help or reward

Subsection 1 defines the words 'child", "misrepresentation", and "person" for the purposes of subsection 2, which establishes that the luring or enticement of a child through electronic means is a class C felony. Subsection 3 states that it is not an affirmative defense to a prosecution for a violation of Section 1 that: (a) the child was actually a law enforcement officer posing as a child; or (b) a meeting did not occur.

Justification

With the recent rise of the use of the Internet all over the world as well as in the state of New York, the increase in children using the internet is rising in phenomenal numbers. The Internet has always been a modem information center where anyone can access any kind of information. However, the Internet is becoming what the New York State Commission of Investigations (NYSI) states, "as a modem play-ground" for children as for such networking sites like myspace.com and Facebook.com The sad tragedy is that children all over the world as well as in the Great State of New York are becoming victims of cyber predators. Such children will especially be vulnerable to adults who lure other children to an area that is not well known to them, or make false promises or rewards, and these children would be extremely endangered in these situations. Legislation must be developed to protect New York children in the long-term and such legislation must be substantive and innovative. In the state of New York, there is no statute that criminalizes the luring of children/minor by using means such as the Internet (as well as other electronic means such as cell phones, PDAs, and any electronic devices). The only legislation that the state of New York can use to prosecute an offender is under Endangering the Welfare of a Child, which is a Felony A class misdemeanor. We must introduce legislation that forbids offenders from luring children by means of using the Internet or any other devices. Thus, New York State should criminalize, as a class C felony, the act of enticing a child into an area or act by false promises or rewards, misrepresentation of identity, purpose and intent, where the child's welfare would be endangered for the purpose of committing a violent or sexual attack. Punishment by the offender should be bold, yet, it should deter the people of New York from committing such an offense. By creating this

new statute, police officials and lawyers will be able to protect children and the general public as well as give law enforcement more flexibility to prosecuting online predators. The time is now to be one step ahead of cyber predators and protect the children of New York.

Legislative history

2009: 5.4432 - Referred to Codes.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.