What's happening
This bill prohibits certain registered sex offenders from using the internet to access pornography, social networking sites, or communicate with minors for sexual purposes.
Why it matters
Targets high-risk offenders. The bill specifically applies to registered sex offenders who are classified as level two or three, those whose victims were under 18, or those who used the internet to commit their offense—focusing restrictions on individuals considered more likely to reoffend or pose a risk to minors.
Expands criminal penalties. Violating the new internet usage restrictions would be a class D felony, representing a significant escalation in legal consequences for noncompliance compared to existing registration violations.
Defines and limits online activities. The legislation provides a detailed definition of "commercial social networking website" and explicitly bans accessing pornography, social networking sites, and communicating online with minors for sexual purposes—aiming to close loopholes and clarify what online conduct is prohibited.
Allows narrow exceptions for family contact. The bill makes a specific exception for communication with the offender’s own minor child (unless otherwise prohibited), recognizing parental rights while still aiming to safeguard children from potential harm.
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Who cares
Headline styles
Restrict Sex Offenders’ Internet Use
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
History
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 59–2
- Advanced to third reading
- 2nd report cal.
- 1st report cal.992
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5321
2017-2018 Regular Sessions
IN SENATE
March 21, 2017
Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to prohibiting certain sex offenders from using the internet for certain purposes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to read as follows:
§ 168-t. Penalty. Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this article shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender who violates the provisions of section one hundred sixty-eight-v of this article shall be guilty of a class A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender who violates the provisions of section one hundred sixty-eight-w of this article shall be guilty of a class D felony. Any such failure to register or verify may also be the basis for revocation of parole pursuant to section two hundred fiftynine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law.
§ 2. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is renumbered section 168-x, and a new section 168-w is added to read as follows:
§ 168-w. Prohibition of certain uses of the internet. 1. A sex offender required to register under this article who has been given a level two or level three designation, or if the victim of the sex offender's offense was under the age of eighteen at the time of such offense, or if
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10741-01-7
S. 5321 2
the internet was used to facilitate the commission of the sex offense or sexually violent offense, shall be prohibited from using the internet to access pornographic material, accessing a commercial social networking website, and communicating with other individuals or groups for the purpose of promoting sexual relations with persons under the age of eighteen when such offender is over the age of eighteen, provided that such a sex offender may use the internet to communicate with a person under the age of eighteen who is the minor child of the sex offender and the sex offender is not otherwise prohibited from communicating with such minor child.
2. As used in this section, a "commercial social networking website" shall mean any business, organization or other entity operating a website that permits persons under the age of eighteen years of age to be registered users for the purpose of establishing personal relationships with other users, where such persons under eighteen years of age may: (a) create web pages or profiles that provide information about themselves where such web pages or profiles are available to the public or to other users; (b) engage in direct or real time communication with other users such as a chat room or instant messenger; and (c) communicate with other persons over eighteen years; provided, however, that, for purposes of this section a commercial social networking website shall not include a website that permits others to engage in such other activities as are not enumerated in this subdivision.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to prohibiting certain sex offenders from using the internet for certain purposes
Purpose
This bill would prohibit registered sex offenders from certain internet use during the length of time the offender is required to register.
Summary of provisions
Section one amends section 168-t of the correction law regarding penal- ties to state that any sex offender who violates the provisions of subdivision seven of section 168-w of this article shall be guilty of a class D felony.
Read the full memo (705 words)
Section two amends section 168-w of the correction law to renumber it as section 168-x, and establishes a new section 168-w to establish that a sex offender required to register under this article who has been given a level two or three designation, or if the victim of the sex offender's offense was under the age of eighteen at the time of the offense, or if the internet was used to facilitate the commission of the crime, shall be prohibited from using the internet to access pornographic material, commercial social networking websites, communicating with other individ- uals or groups for the purpose of promoting sexual relations with persons under the age of eighteen when such offender is over the age of eighteen. A sex offender may use the internet to communicate to a person under the age of eighteen who is a minor child of the sex offender and the sex offender is not otherwise prohibited from communicating with such minor child. This section defines a "commercial social networking website" as any business, organization or other entity operating a website that permits persons under the age of eighteen years of age to be registered users for the purpose of establishing personal relation- ships with other users, where such persons unde r eighteen years of age may: (i) create web pages or profiles that provide information about themselves where such web pages or profiles are available to the public or to other users; (ii) engage in direct or real time communication with other users such as a chat room or instant messenger; and (iii) communi- cate with other persons over eighteen years; provided, however, that, for purposes of this subdivision a commercial social networking website shall not include a website that permits others to engage in such other activities as are not enumerated in this subdivision.
Section three establishes the effective date.
Justification
In Katonah, a sex offender, who spent eight years behind bars for sexu- ally assaulting a fourteen-year-old girl, was recently found to have coerced another fourteen-year-old girl through social media to engage in sexually explicit activity. The offender began communicating with his victim in the same month his five-year term of post-release supervision concluded, which also marked the expiration of the prohibition on certain internet use by the offender.
Currently under the Penal Law and Executive Law, a mandatory condition of probation or parole for an individual required to register as a sex offender is a prohibition on certain internet use. More specifically, sex offenders while on probation or parole are prohibited from using the internet to access pornographic material, social networking sites or communicate with individuals under eighteen years of age for the purpose of promoting sexual relations where the offender is over the age of eighteen. These mandatory conditions of release expire with the completion of probation or parole. FBI Assistant Director William Swee- ney Jr. expressed that predators today have much greater access in this digital age than they've had in the past placing more potential victims at risk.
This bill seeks to strengthen current protections against online preda- tors by conforming current prohibitions to the length of time a sex offender is required to register with the Division of Criminal Justice Services; for level two and level three offenders the prohibition on certain internet uses would be for life. This bill will ensure that sex offenders required to register for life can no longer use the internet to threaten the health and safety of our children.
Legislative history
2017: S.5321, Passed Senate
Fiscal implications
None
Effective date
This act shall take effect on the thirtieth day after 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.