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Full text
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Title of bill
An act to amend the penal law, in relation to establishing the offenses of promoting and possessing a sex offense against a child
Purpose
This bill creates the new crimes of promoting and possessing a sex offense with a child. Additionally, it directly addresses the solicitation and/or participation in such acts via the Internet (i.e. Instant message, e-mail, blog, etc.).
Summary of provisions
State Penal Law is amended to establish the new crime of promoting a sex offense against a child as a Class B violent felony and possessing a sex offense against a child as a Class C violent felony.
Justification
Without question, the proliferation of modern technology has enhanced our lives in countless ways. Unfortunately, child predators are also using modern technology to promote their sexual crimes against children. In cyberspace, child predators are not limited by the traditional boundaries of time and geography. The Internet has provided these predators with a worldwide forum where like-minded pedophiles have formed online communities which openly discuss and provide mutual support for their perverted philosophies and activities.
The Internet also supplies child predators with the tools they need to promote their criminal activities in the form of anonymity, ease of accessibility and real time communication with other persons of the pedophile community. Emboldened by this sense of community and support, child predators have become more impudent and explicit in their exploitation of children. This was seen recently in Jamestown, NY, where a 55-year-old man performed sexual acts with a 9-year-old female and broadcast it live over the Internet. While the predator was having sex with the child, Internet viewers sent instant messages, offering suggestions of abuse.
This legislation seeks to remove the cloak of security pedophiles have found within the Internet. By creating these new crimes and directly addressing the solicitation and/or participation in such heinous acts by other Internet users (i.e. Instant message, e-mail, blog, etc.), this bill accurately reflects the full scope of injury inflicted by these Internet crimes against children.
Legislative history
2008: S.3245 - Passed Senate 2006: S.5685 - Passed Senate.
Fiscal implications
None.
Effective date
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.