STATE OF NEW YORK
________________________________________________________________________
2483
2011-2012 Regular Sessions
IN ASSEMBLY
January 19, 2011
___________
Introduced by M. of A. COLTON, ZEBROWSKI, LANCMAN, BENEDETTO, ROBINSON,
GIGLIO, SCHIMEL, JAFFEE, MAISEL, CLARK, SCHROEDER, PHEFFER, PERRY,
GABRYSZAK, REILLY, GUNTHER, SPANO, CASTRO, DESTITO, DenDEKKER, MENG,
ORTIZ, SCHIMMINGER, GALEF, MAYERSOHN, BARRON, ENGLEBRIGHT, TITONE,
HOOPER, MOLINARO, RAIA, TOBACCO -- Multi-Sponsored by -- M. of A.
ABBATE, BURLING, CONTE, COOK, CROUCH, LATIMER, P. LOPEZ, MARKEY, McDO-
NOUGH, McKEVITT, SALADINO, THIELE, WEISENBERG -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of
criminal luring or enticing of a child on the internet
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 260.09 to
2 read as follows:
3 § 260.09 Criminal luring or enticing of a child on the internet.
4 1. Whenever such term is used in this section:
5 (a) "child" shall mean someone under the age of eighteen years; and
6 (b) "misrepresentation" shall mean any communication by words or any
7 other means made by a person, having the intent of deceiving or having
8 the knowledge that such communication is false, to a child for the
9 purpose of inducing an act or an omission by such child; and
10 (c) "person" shall mean someone twenty-one years of age and older; or
11 someone under twenty-one years of age and at least four years older than
12 a child.
13 2. A person is guilty of criminal luring or enticing of a child on the
14 internet when he or she intentionally or knowingly engages a child in
15 conversation on the internet or some other electronic device, and lures
16 or attempts to lure a child into an area and entices, by misrepresen-
17 tation of their identity, age, intent or purpose, or attempts to entice
18 such child into an activity by, including but not limited to, falsely
19 requesting help or promising a reward, where such activity or such area
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01611-01-1
A. 2483 2
1 is likely to lead to an injury to the physical, mental or moral welfare
2 of such child.
3 3. It is not an affirmative defense to a prosecution for a violation
4 of this section that:
5 (a) the child was actually a law enforcement officer posing as a
6 child; or
7 (b) a meeting did not occur.
8 Criminal luring or enticing of a child on the internet is a class C
9 felony.
10 § 2. This act shall take effect on the first of November next succeed-
11 ing the date on which it shall have become a law.
