What's happening
This bill prohibits registered sex offenders from playing augmented reality games, such as mobile games requiring physical movement outside the home.
Why it matters
Targets public safety concerns. by aiming to reduce opportunities for registered sex offenders to encounter minors in public spaces through augmented reality (AR) games, which often require players to visit real-world locations.
Expands existing digital restrictions. on sex offenders beyond social media and pornographic content to include AR games, recognizing new forms of technology that facilitate interaction and movement in the community.
Addresses evolving technology risks. by providing a legal definition for “augmented reality game,” ensuring laws keep pace with mobile and location-based gaming apps that could be exploited for inappropriate contact.
Introduces mandatory parole/probation conditions. for certain sex offenders, signaling a shift in how the justice system manages offender reintegration and supervision in response to changing digital landscapes.
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Who cares
Headline styles
Ban Sex Offenders from AR Games
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1984
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. SAVINO -- 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 executive law and the penal law, in relation to prohibiting sex offenders from playing augmented reality games
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 15 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
15. Notwithstanding any other provision of law to the contrary, where a person is serving a sentence for an offense for which registration as a sex offender is required pursuant to subdivision two or three of section one hundred sixty-eight-a of the correction law, and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law or the internet was used to facilitate the commission of the crime, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, as mandatory conditions of such release, that such sentenced offender shall be prohibited from using the internet to access pornographic material, access a commercial social networking website[,] or augmented reality game, communicate with other individuals or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and communicate with a person under the age of eighteen when such offender is over the age of eighteen, provided that the board may permit an offender to use the internet to communicate with a person under the age of eighteen when such offender is the parent of a minor child and is not otherwise prohibited from communicating with such child. Nothing in this subdivision shall be construed as restricting any other lawful condition
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05585-01-9
S. 1984 2
of supervision that may be imposed on such sentenced offender. As used in this subdivision, a "commercial social networking website" shall mean any business, organization or other entity operating a website that permits persons under 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: (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) communicate with persons over eighteen years of age; provided, however, that, for purposes of this subdivision, a commercial social networking website shall not include a website that permits users to engage in such other activities as are not enumerated herein. As used in this subdivision, "augmented reality game" means a digital application or game, typically accessed on mobile devices, including but not limited to: smartphones; tablets; or augmented reality glasses; which causes users to physically move to and/or personally interact with locations outside the user's place of residence for the purpose of achieving goals or moving from place to place within the game.
§ 2. Paragraph (b) of subdivision 4-a of section 65.10 of the penal law, as added by chapter 67 of the laws of 2008, is amended to read as follows:
(b) When imposing a sentence of probation or conditional discharge upon a person convicted of an offense for which registration as a sex offender is required pursuant to subdivision two or three of section one hundred sixty-eight-a of the correction law, and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law or the internet was used to facilitate the commission of the crime, the court shall require, as mandatory conditions of such sentence, that such sentenced offender be prohibited from using the internet to access pornographic material, access a commercial social networking website[,] or augmented reality game, communicate with other individuals or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and communicate with a person under the age of eighteen when such offender is over the age of eighteen, provided that the court may permit an offender to use the internet to communicate with a person under the age of eighteen when such offender is the parent of a minor child and is not otherwise prohibited from communicating with such child. Nothing in this subdivision shall be construed as restricting any other lawful condition of supervision that may be imposed on such sentenced offender. As used in this subdivision, a "commercial social networking website" shall mean any business, organization or other entity operating a website that permits persons under 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: (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) communicate with persons over eighteen years of age; provided, however, that, for purposes of this subdivision, a commercial social networking website shall not include a website that permits users to engage in such other activities as are not enumerated herein. As used
S. 1984 3
in this subdivision, "augmented reality game" means a digital application or game, typically accessed on mobile devices, including but not limited to: smartphones; tablets; or augmented reality glasses; which causes users to physically move to and/or personally interact with locations outside the user's place of residence for the purpose of achieving goals or moving from place to place within the game.
§ 3. This act shall take effect on the sixtieth 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 executive law and the penal law, in relation to prohibiting sex offenders from playing augmented reality games
Purpose
This bill will prohibit level 2 and level 3 sex offenders on probation or parole from accessing augmented reality games.
Summary of provisions
Section 1: Prohibits level 2 and 3 sex offenders on parole from access- ing augmented reality games. Defines augmented reality games.
Section 2: Prohibits level 2 and 3 sex offenders on probation or condi- tional discharge from accessing augmented reality games. Defines augmented reality games.
Section 3: The act shall take effect 60 days after it becomes law.
Existing law
Under current law, augmented reality games are not defined, and sex offenders are not explicitly prohibited from accessing them while on probation or parole
Justification
Augmented reality games are a class of games that allow users to engage in scenarios that combine elements of the real world with fictional elements that are part of the game. These games are often played on smartphones and tablets, as they usually require the user to move around from place to place to satisfy certain in-game objectives. Some of these games, such as the massively popular "Pokemon GO" are like modern scavenger hunts. They send a user outside his/her home to real world locations in order to find rare characters/items to gain more power within the game. Pokemon GO is the first massively popular augmented reality game, and within less than a month of its publishing, it garnered 30 million downloads between the iOS and Google Play app stores. However, because both children and adults are encouraged to play these games, (Pokemon GO lists its recommend age as nine and up), there are inherent risks for unsupervised children.
Investigations done with augmented reality games have shown there are in-game objectives on the property of sex offenders' residences. It was also discovered at least one instance where a known sex offender was playing the game with a child in public. Certain sex offenders, while on probation or parole, are prohibited from engaging in certain high-risk activities that could endanger youth or encourage the sex offender's illegal behavior. These activities include accessing social networking websites, accessing pornographic material, etc.
The usage of augmented reality games, as they become more popular, could expose these dangerous sex offenders to children as both the children and sex offenders are encouraged to congregate at the same locations in the game and interact in the real-world while playing the game. If a sex offender is prevented from accessing a social networking website, where they do not have direct physical access to children, they should certainly be prevented from playing these augmented reality games, where they inevitably will come in close proximity to children.
Legislative history
2018: S2652A - passed Senate 2017: S2652A - passed Senate 2016: S8174 - died in Senate rules
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth 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.