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- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Creates the crime of facilitating a sex offense through electronic communication
In Assembly Committee · Codes · Sponsor Robin Schimminger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the crime of facilitating a sex offense through electronic communication
Summary of provisions
Section 1 - adds a new section 130.93 of the Penal Law to provide that a person is guilty of facilitating a sex offense through electronic communication if he or she, with intent to cause sexual contact with another person, knowingly encourages, suggests, orders, aids or otherwise participates through electronic communication with one or more persons to engage in a sex offense as defined in Article 130. The section further provides that facilitating a sex offense through electronic communication is a class D felony.
Section 2 - amends 120.40 of the Penal Law by adding a new subdivision 6 defining "electronic communication."
Section 3 - provides that the act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Purpose and justification
Currently, there are no laws in New York that specifically address persons who participate in sexual offenses by watching them over the internet and in some cases actively participate, albeit at a distance, in the offenses through communication and suggestions by e-mail or other long-distance messaging. In a recent incident in Western New York, a pedophile broadcast his abuse of a young child over the internet, and persons watching are alleged to have made suggestions as to criminal activities as they watched. Such behavior, which can encourage criminal behavior, is as heinous as the actions of the actual perpetrator.
Existing law
Article 130 of the Penal Law sets forth various sexual offenses.
Prior legislative history
2008 - S.2323A/A.5883A - PASSED SENATE/Codes 2007 - S.2323/A.5883 -- PASSED SENATE/Codes 2006 - S.5839/A.10752 -- PASSED SENATE/Codes 2005 - S.5839 -- RULES
Fiscal implications
No additional costs to the state or local governments.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.