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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the crime of luring a child
In Assembly Committee · Codes · Sponsor Nicole Malliotakis
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2805
Title of bill
An act to amend the penal law, in relation to luring a child
Purpose
To enhance the protection of children in New York by adding conduct consisting of computer communication with a child for the purpose of soliciting a sexual encounter or sexual performance or to commit a felony offense against such child to the offense of luring a child.
Read the full memo (617 words)
Summary of provisions
Section 1 of this bill amends section 120.70 of the Penal Law by renumbering subdivision (1) to (1)(a) and adding a new paragraph (1)(b) to provide that a person is guilty of the crime of luring a child when, being 18 years of age or older, he or she with the intent to lure, entice, persuade, convince or harass a person, uses a computer communications system to communicates with a person he or she knows (or reasonably should know) is less than 17 years of age, in order to solicit a sexual encounter with or sexual performance by such person or to commit certain felony offenses against such person.
New subdivision 2 is added to provide definitions for the terms "child," "building," "communication," "computer," "computer program," and various types of sexual conduct.
New subdivision 3 provides that this section shall not be deemed to preclude a charge of attempted kidnapping.
New subdivision 4 provides that this offense is a class "D" felony unless the underlying offense that the actor intended to commit against the child is a class "A" or "B" felony, then violation of this section shall be a class "B" or "C" felony, respectively.
Section 2 of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Existing law
Currently, a person who uses a computer communication to lure a child would not be guilty of the offense of luring a child under Penal Law section 120.70.
Justification
Current law does not specifically address the harassment of a child via a computer. As children increasingly use computers for a variety of reasons, all too often they are harassed by predators that use computers to initiate sexual encounters. In one particular case that received national attention, a nine year old child's neighbor posted her name and telephone number on the internet for others to solicit sex from her. This bill would codify this relatively new and
horrendous act and increase the felony class for the offense of luring a child from a class "E" felony to a class "D" felony.
In December 2014, a couple and a single mom were arrested in Brooklyn for using Facebook to recruit girls between the ages of 12 and 15 to pole dance and provide sexual services to adult men at parties.
In January 2014, the FBI and the U.S. Attorney of the Southern District of New York arrested another man who used Facebook to lure children and teenagers into creating child pornography. He posed as a teenage girl on Facebook, and after receiving the illicit material, would threaten to tell the children's family members about the illicit conduct and provide proof.
These are only two recent situations that have occurred in New York, though there are many more situations where someone has used a computer to lure children for sexual acts or sexual performances. This bill would codify these acts that are currently unaccounted for by the law.
Legislative history
2014: S.3914 - Referred to Codes / A.9467 - Referred to Codes 2013: S.3914 - Referred to Codes
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 a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.