Creates computer sex crimes against children

Summary of provisions

Section 1 of the bill adds Penal Law Title Y-2 to create the offense of Computer Sex Crime. A person is guilty of a Computer Sex Crime when he or she commits a "sex crime against a child" which was facilitated by using a computer or computer service to communicate with the victim. For purposes of this new offense, "sex crime against a child" is defined as a felony offense, the essential elements of which include the commission or attempted commission of sexual conduct or the use or promotion of a sexual or obscene sexual performance involving a child less than 17 years old. The punishment for committing this offense is one felony class higher than for the underlying "sex crime against a child." Where the underlying "sex crime against a child" is a class B felony, the bill increases the minimum determinate sentence that must be imposed.

Section 2 of the bill amends Criminal Procedure Law § 200.50(4) and(7) regarding the form and content of an indictment to provide that when charging the offense of Computer Sex Crimes, the accusatory instrument must particularize the "sex crime against a child, "as defined in Penal Law § 495.05, followed by the phrase "as a computer sex crime."

Section 3 of the bill amends Criminal Procedure Law § 700.05(B) to include certain additional computer and sex crime offenses within the definition of "designated offense" for which law enforcement may obtain eavesdropping or video surveillance warrants.

Section 4 of the bill amends Penal Law § 460.10(1) to include Computer Sex Crimes (penal Law § 495) within the definition of "criminal act" for purposes of an enterprise corruption prosecution.

Justification

The dramatic increase in the use of computers, and ever-increasing interconnection through the Internet and other networks, have fundamentally altered the types of crimes that can be committed and the ease with which individuals can be victimized. Most notably, the anonymity of cyberspace is the perfect medium for Predatory crimes against vulnerable individuals.

The incidence of such insidious offenses has increased dramatically in recent years, and frequently involving individuals using a false identity in an effort to engage in sexual conduct with minors. This bill addresses this problem by significantly increasing criminal penalties for such predators.

In particular, this bill creates a new offense of Computer Sex Crimes. This crime occurs when a person commits a "sex crime against a child," which was facilitated by communicating with the victim of such offense over the Internet. "Sex crime against a child" is defined as a felony offense, the essential elements of which include the commission or attempted commission of sexual conduct or the use or promotion of a sexual or obscene sexual performance involving a child less than 17 years old. The punishment for committing this offense is one felony class higher than for the underlying "sex crime against a child." Where the underlying "sex crime against a child" is a class B felony, the bill increases the minimum determinate sentence that must be imposed.

In addition, by adding computer crimes and crimes involving the sexual performance by a child to the eavesdropping and enterprise corruption statutes, this bill provides law enforcement with the tools it needs to investigate such crimes effectively.

Legislative history

2008 -Passed Senate 2009-10 - Referred to Codes 2011 - Referred to Codes 2012 - Passed Senate

Fiscal implications

None.

Effective date

This bill takes effect on the first of November following enactment.