Includes certain offenses involving computers in the definition of specified offenses which can form the basis of a sexually motivated felony

BILL NUMBER:S5170A

Title of bill

An act to amend the penal law, in relation to including certain offenses involving computers in the definition of specified offenses which can form the basis of a sexually motivated felony

Purpose

To impose criminal liability and create a registerable offense for sexual predators who may unlawfully tamper or trespass on victims computers for the purpose of sexual gratification.

Summary of provisions

Section (1) of the Bill adds new felony offenses within the meaning of "specified offenses" The new offenses are codified in Article 156 of the Penal Law "Offenses Involving Computers" and the specific sections are as follows:

156.26 - Computer tampering in the second degree. 156.27 - Computer tampering in the first degree.

Justification

A Sexually Motivated Felony is committed when a person commits a specified felony offense for the purpose, in whole or substantial part, of his or her own direct sexual gratification. The Sexually Motivated Felony is of the same level as the specified felony. The purpose of the original enactment of this statute in 2007 was to include as sex crimes certain sexually violent conduct that cannot be prosecuted as a sex crime per se. The addition of these new computer crimes to the sexually motivated felony statute while not proscribing violent conduct as the original enactment did, nevertheless, protects victims and punishes sexual predators who commit crimes that cannot be prosecuted as a sex crimes, but are committed to satisfy a predator's sexual desire through the unlawful and often clandestine means of computer tampering.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

November first of the next succeeding date it shall have become a law.