Creates an educational reform program and a diversionary program for juveniles who are charged with offenses involving a photograph depicting nudity

2 Co-sponsors

• Stephen M. Saland
• Eric Adams

BILL NUMBER:S5253B

Title of bill

An act to amend the social services law, the family court act and the penal law, in relation to creating an education reform program for certain individuals charged with certain offenses involving the creation, exhibition or distribution of a photograph depicting nudity through the use of an electronic communication device, an interactive wireless communications device or a computer

Purpose

The Cyber-Crime Youth Rescue Act, will create an Educational Program that will address the specific issues facing youth that commit these types of offenses

Summary of provisions

Section 1. States that this act shall be known and may be cited as "the cyber-crime youth rescue act".

Section 2. Adds a new section to the social services law which shall create and implement an education reform program for persons who commit certain offenses.

Section 3. Amends the Family Court Act to include this new program as a condition that may be imposed pursuant to granting an adjournment in contemplation of dismissal at the outset of the case.

Section 4. Amends the Family Court Act to include this new program as a condition that may be imposed pursuant to granting an adjournment in contemplation of dismissal after the fact finding stage of the case.

Section 5. Amends the Family Court Act to include this new program as an option for diversion in the case of a person in need of supervision (PINS).

Section 6. Adds a new section to the penal law to include this new program as a condition that may be imposed pursuant to a conditional discharge.

Justification

The dangerous combination of teenagers behaving provocatively and impulsively is not new, but easy accessibility to the technology is with cell phone cameras, teenagers have been handed a tool so easy to use, that for some it's impossible to pass up.

This, mostly teenage practice of sexting and posting sexual images online is a nationwide problem that has perplexed parents, school administrators, and law enforcement officials. Prosecutors in several states have charged teenagers, who have texted photographs of

themselves, or their friends, or partners with distribution of child pornography.

While this bill does not change the penalties that may be imposed for committing these types of offenses, it does add a newly developed education program for eligible persons, the court may order such persons to attend and complete this program which is tailored to address the prevention of these offenses in the future.

Legislative history

None.

Fiscal implications

Undetermined.

Effective date

This act shall take effect on the hundred eighth day after it shall become law; provided that, effective immediately, the commissioner of the office of children and family services shall promulgate any rules and regulations and take all other actions necessary to implement the provisions of this act on our before its affective date.