Creates the crime of facilitating a sex offense through electronic communication, a class D felony; defines electronic communication to include the transfer of electronic communication through the internet.
STATE OF NEW YORK
________________________________________________________________________
3839--A
2013-2014 Regular Sessions
IN SENATE
February 21, 2013
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the penal law, in relation to the crime of facilitating
a sex offense through electronic communication
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 130.93 to
2 read as follows:
3 § 130.93 Facilitating a sex offense through electronic communication.
4 1. A person is guilty of facilitating a sex offense through electronic
5 communication when, he or she, through the use of electronic communi-
6 cation, intentionally engages in conduct that encourages, suggests, or
7 aids another person in the commission of a felony sex offense.
8 2. For purposes of this section, the following terms shall have the
9 following meanings:
10 (a) "Felony sex offense" shall have the same meaning as set forth in
11 paragraph (a) of subdivision one of section 70.80 of this chapter.
12 (b) "Electronic communication" means any transfer of signs, signals,
13 writings, images, sounds, data, or intelligence of any nature transmit-
14 ted in whole or in part by a wire, radio, electromagnetic, photo-elec-
15 tronic, or photo-optical system. Electronic communication includes, but
16 is not limited to, the transfer of that communication through the inter-
17 net.
18 Facilitating a sex offense through electronic communication is a class
19 D felony.
20 § 2. This act shall take effect on the first of November next succeed-
21 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07259-03-3
