Creates the crime of facilitating a sex offense through electronic communication

3 Co-sponsors

• John A. DeFrancisco
• Kenneth P. LaValle
• Michael H. Ranzenhofer

BILL NUMBER:S1741

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

2009-10 - S.2108/A.3789 - Codes 2007-08 - S.2323A/A.5883A - PASSED SENATE/Codes 2005-06 - S.5839/A.10752 - PASSED SENATE/Codes

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.