Creates the crime of facilitating a sex offense through electronic communication

BILL NUMBER:S3839A

Title of bill

An act to amend the penal law, in relation to the crime of facilitating a sex offense through electronic communication

Purpose

The purpose of this bill is to target those who participate in sexual abuse by means of remote, 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 or she intentionally engages in conduct that or aids another person in commission of a felony sex defined in paragraph (a) subdivision one of section 70.80 of this defines "electronic communication" as the transfer of signs, signals, writings, images, sounds, data or intelligence transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system and includes but is not limited to transfer of communication through the Internet. Facilitating a sex offense through electronic communication is a class D felony.

Section 2 - provides that the act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing Law:

Current criminal facilitation laws require that the facilitator provide the means or opportunity for the commission of the crime.Such laws are inapplicable to the Internet-based facilitation targeted in this bill, in which the facilitator does not provide the means for the commission of the sexual offense, yet plays a substantial part in encouraging and directing it Under current law, this conduct would amount to low a degree criminal solicitation charge, at most.

Justification

Current law does not specifically target those who remotely participate in sexual offenses by encouraging or aiding the perpetrator who is physically present with the victim. To give one example, an incident occurred several years ago in Western New York in which a pedophile broadcast his abuse of a young child over the Internet, while receiving suggestions from online audience members as to sexual acts to be performed. The participation of online audience Members in this fashion should be treated as criminal facilitation. It is not under current law, however, because the viewer does not provide the means or opportunity for the physical perpetrator to commit the crime. The conduct targeted by this bill presents a unique situation, one in which the physical perpetrator of the sex offense receives explicit, live encouragement and direction. Under current law, such conduct would at most constitute low degree criminal solicitation, a misdemeanor. Such a penalty is clearly inappropriate. This bill converts this crime into a Class D felony.

Legislative history

2013 S.3839 - Referred to Codes 2011-12 - S.1741 - Referred to Codes 2009-10 - S.2108/A.3789 - Referred to Codes 2007-08 - S.2323A/A.5883A - Passed Senate 2005-06 - S.5839/A.10752 - Passed Senate

Fiscal implications

None

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.