What's happening
This bill creates new criminal offenses for adults who engage in sexual communications with minors through electronic means, with increased penalties for repeat offenders.
Why it matters
Addresses a gap in current law. by specifically criminalizing sexual communications with minors conducted via electronic means (such as texting or sending pictures), reflecting the realities of modern technology and online risks for minors.
Carefully defines exceptions. to avoid criminalizing typical peer communications—such as those between two minors, or where the age difference is within certain limits (e.g., an 18-year-old communicating with a 15-year-old)—focusing enforcement on adults who target younger minors.
Creates a graduated penalty structure. , making a first offense a misdemeanor but elevating repeat offenses within ten years to a felony, which may act as a stronger deterrent and allow for harsher punishment of habitual offenders.
Signals increased legislative attention. to the unique dangers posed by electronic communication, potentially encouraging further reforms or educational efforts around online child safety for parents, schools, and tech companies.
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Who cares
Headline styles
Ban Online Luring of Minors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1324
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of allurement of a minor through electronic means
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding two new sections 263.17 and 263.18 to read as follows: § 263.17 Allurement of a minor through electronic means in the second
degree.
Any individual who knowingly engages in sexual communication for the purpose, in whole or substantial part, of his or her own sexual gratification, including text messages or pictures, with an individual whom he or she knows to be a minor, through any electronic means shall be guilty of the crime of allurement of a minor through electronic means. The crime of allurement of a minor through electronic means shall not apply to communications sent from one minor to another, to communications sent by a person age twenty-one or under to a person age seventeen or older, nor to communications from a person age eighteen to a person age fifteen or over.
Allurement of a minor through electronic means in the second degree is a class A misdemeanor. § 263.18 Allurement of a minor through electronic means in the first
degree.
A person is guilty of allurement of a minor through electronic means in the first degree when he or she commits the crime of allurement of a minor through electronic means in the second degree, and has previously been convicted of such crime within the preceding ten years.
Allurement of a minor through electronic means in the first degree is a class E felony.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06928-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing the crime of allurement of a minor through electronic means
Purpose
Establishes a criminal penalty against an adult who uses an electronic device to sexually lure a minor and establishes an enhanced penalty for repeat offenders.
Summary of provisions
Section One amends the penal law by adding a new section 263.17 and 263.18, establishing the crime of allurement of a minor through elec- tronic means in the second degree and allurement of a minor through electronic means in the first degree. Allurement in the second degree is classified as an A misdemeanor, and allurement in the first degree is classified as an E felony. Allurement will not include sexual communi- cations from one minor to another, nor will it include sexual communi- cations between an 18 year old and persons age 15 and over, nor communi- cations with persons age 21 and under with persons age 17. These provisions correlate with the age of consent currently contained in other sections of the penal law.
Section Two is the effective date.
Justification
Adult predators use computers, iPhones, and other electronic devices to lure underage minors for the purpose of sexual contact. By establishing the crime of allurement of a minor through electronic means, the police will be able to obtain a search warrant to inspect other electronic devices owned by the predator, to determine if other minor victims exist. In many cases, when a predator is caught, the police investi- gation reveals that other children have been victimized. Television shows, such as "Perverted Justice" and "To Catch a Predator" have high- lighted the prevalence of technology being used to lure children. The predators caught on camera often claim that they are first time offen- ders, but police investigations have proven otherwise.
Legislative history
S.3142/ A. 3544 of 2015-2016; Referred to Codes S.5263/A.7525 of 2013-2014; Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect ninety days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.