S02996 Summary:

BILL NOS02996
 
SAME ASSAME AS UNI. A02322
 
SPONSORGOLDEN
 
COSPNSR
 
MLTSPNSR
 
Amd §120.70, Pen L
 
Relates to the crime of luring a child; adds additional elements and includes use of electronic communication.
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S02996 Actions:

BILL NOS02996
 
01/18/2017REFERRED TO CODES
01/03/2018REFERRED TO CODES
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S02996 Committee Votes:

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S02996 Floor Votes:

There are no votes for this bill in this legislative session.
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S02996 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2996                                                  A. 2322
 
                               2017-2018 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 18, 2017
                                       ___________
 
        IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Codes
 
        IN ASSEMBLY -- Introduced by M. of  A.  MALLIOTAKIS  --  read  once  and
          referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to luring a child

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 120.70 of the penal law, as added by chapter 405 of
     2  the laws of 2008, is amended to read as follows:
     3  § 120.70 Luring a child.
     4    1. A person is guilty of luring a child when [he]:
     5    (a) He or she lures a child into a  motor  vehicle,  aircraft,  water-
     6  craft,  isolated  area,  building,  or  part thereof, for the purpose of
     7  committing against such child any of the following offenses:
     8    [an] (1) A violent felony offense as defined in section 70.02 of  this
     9  chapter;
    10    [an]  (2)  An  offense  as defined in section 125.25 or 125.27 of this
    11  chapter;
    12    [a] (3) A felony offense that is a violation of  article  one  hundred
    13  thirty of this chapter;
    14    [an] (4) An offense as defined in section 135.25 of this chapter;
    15    [an]  (5)  An  offense  as defined in sections 230.19, 230.25, 230.30,
    16  230.32, 230.33 or 230.34 of this chapter;
    17    [an] (6) An offense as defined in sections 255.25, 255.26,  or  255.27
    18  of this chapter; or
    19    [an]  (7)  An offense as defined in sections 263.05, 263.10, or 263.15
    20  of this chapter[. For purposes  of  this  subdivision  "child"  means  a
    21  person  less  than seventeen years of age. Nothing in this section shall
    22  be deemed to preclude, if the evidence warrants, a  conviction  for  the
    23  commission  or  attempted  commission  of  any  crime, including but not

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04196-01-7

        S. 2996                             2                            A. 2322

     1  limited to a crime defined in article one hundred  thirty-five  of  this
     2  chapter.
     3    2.]; or
     4    (b)  Being eighteen years old or more and with intent to lure, entice,
     5  persuade, convince, harass, annoy, threaten or alarm a child, he or she,
     6  by means of a computer, communicates with such child or causes a  commu-
     7  nication to be initiated with such child and such communication purports
     8  to solicit:
     9    (1)  Sexual  intercourse,  oral sexual conduct, anal sexual conduct or
    10  sexual contact with such child whom he or she knows or reasonably should
    11  know is less than seventeen years old; or
    12    (2) A sexual performance by such child whom he or she knows or reason-
    13  ably should know is less than seventeen years old; or
    14    (3) Any in-person contact with such child that results in the  commis-
    15  sion  or  attempted  commission of any of the following offenses against
    16  the child:
    17    (i) A violent felony offense as defined in section 70.02 of this chap-
    18  ter;
    19    (ii) An offense as defined in section 125.25 or 125.27 of  this  chap-
    20  ter;
    21    (iii)  A  felony  offense  that  is a violation of article one hundred
    22  thirty of this chapter;
    23    (iv) An offense as defined in section 135.25 of this chapter;
    24    (v) An offense as defined in section 230.19, 230.25,  230.30,  230.32,
    25  230.33 or 230.34 of this chapter;
    26    (vi)  An  offense  as  defined in section 255.25, 255.26, or 255.27 of
    27  this chapter; or
    28    (vii) An offense as defined in section 263.05, 263.10,  or  263.15  of
    29  this chapter.
    30    2.  For  purposes  of this section, the following terms shall have the
    31  following meanings:
    32    (a) "Anal sexual conduct" shall have the same meaning as that term  is
    33  defined  in  paragraph  (b) of subdivision two of section 130.00 of this
    34  chapter.
    35    (b) "Building" in addition  to  its  ordinary  meaning,  includes  any
    36  structure, vehicle, aircraft or watercraft used for overnight lodging of
    37  persons,  or  used  by  persons  for carrying on business therein, or an
    38  enclosed motor truck, or an enclosed motor truck trailer.
    39    (c) "Child" means a person less than seventeen years of age.
    40    (d) "Communicate" shall, in addition to its ordinary meaning,  include
    41  oral and visual communication. Visual communication includes, but is not
    42  limited   to,   electronic  text  messages,  electronic  mail  messages,
    43  pictures, illustrations or graphics.
    44    (e) "Computer" shall have the same meaning as that term is defined  by
    45  section 156.00 of this chapter.
    46    (f)  "Computer  program"  shall  have the same meaning as that term is
    47  defined by section 156.00 of this chapter.
    48    (g) "Oral sexual conduct" shall have the same meaning as that term  is
    49  defined  in  paragraph  (a) of subdivision two of section 130.00 of this
    50  chapter.
    51    (h) "Sexual contact" shall have the same meaning as ascribed  to  such
    52  term by subdivision three of section 130.00 of this chapter.
    53    (i)  "Sexual  intercourse" shall have the same meaning as that term is
    54  defined in subdivision one of section 130.00 of this chapter.
    55    (j) "Sexual performance" shall have the same meaning as that  term  is
    56  defined in section 263.00 of this chapter.

        S. 2996                             3                            A. 2322
 
     1    3.  Nothing  in  this  section  shall  be  deemed  to preclude, if the
     2  evidence so warrants, an indictment and conviction for attempted kidnap-
     3  ping under the provisions of sections 110.00 and 135.00 of this chapter.
     4    4.  Luring a child is a class [E] D felony, provided, however, that if
     5  the underlying offense the actor intended to commit against  such  child
     6  constituted  a class A or a class B felony, then the offense of luring a
     7  child in violation of this section shall be deemed respectively, a class
     8  [C] B felony or class [D] C felony.
     9    § 2. This act shall take effect on the first of November next succeed-
    10  ing the date on which it shall have become a law.
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