Bill Text: NY A06603 | 2009-2010 | General Assembly | Introduced
Bill Title: Creates the crime of attempting to lure or entice a child and makes such crime a class D felony; provides that the creation of this separate crime shall not preclude, if the evidence so warrants, an indictment and conviction for attempted kidnapping.
Spectrum: Partisan Bill (Republican 26-1)
Status: (Introduced - Dead) 2010-03-16 - held for consideration in codes [A06603 Detail]
Download: New_York-2009-A06603-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6603
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
___________
Introduced by M. of A. SCOZZAFAVA, McDONOUGH, SPANO -- Multi-Sponsored
by -- M. of A. ALFANO, BARCLAY, BARRA, BURLING, CALHOUN, CONTE,
CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, HAYES, KOLB, MILLER, OAKS,
O'MARA, QUINN, RAIA, SALADINO, SAYWARD, TEDISCO, THIELE, TOWNSEND,
WALKER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
attempting to lure or entice a minor
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 135.17 to
2 read as follows:
3 S 135.17 ATTEMPTING TO LURE OR ENTICE A MINOR.
4 1. A PERSON IS GUILTY OF ATTEMPTING TO LURE OR ENTICE A MINOR WHEN:
5 (A) BEING EIGHTEEN OR MORE YEARS OLD HE OR SHE ATTEMPTS TO LURE OR
6 ENTICE A MINOR INTO A MOTOR VEHICLE, AIRCRAFT, WATERCRAFT, BUILDING OR
7 ISOLATED AREA FOR THE PURPOSE OF COMMITTING A CRIMINAL OFFENSE WITH OR
8 AGAINST SUCH MINOR; OR
9 (B) BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO LURE, ENTICE,
10 PERSUADE, CONVINCE, HARASS, ANNOY, THREATEN OR ALARM ANOTHER PERSON, HE
11 OR SHE, BY MEANS OF A COMPUTER COMMUNICATIONS SYSTEM, COMMUNICATES OR
12 CAUSES A COMMUNICATION TO BE INITIATED PURPORTING TO SOLICIT:
13 (1) SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT OR
14 SEXUAL CONTACT WITH A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD
15 KNOW IS LESS THAN SEVENTEEN YEARS OLD; OR
16 (2) A SEXUAL PERFORMANCE BY A PERSON WHOM HE OR SHE KNOWS OR REASON-
17 ABLY SHOULD KNOW IS LESS THAN SEVENTEEN YEARS OLD; OR
18 (3) ANY IN-PERSON CONTACT THAT RESULTS IN THE COMMISSION OR ATTEMPTED
19 COMMISSION OF A CRIMINAL OFFENSE WITH OR AGAINST A MINOR.
20 2. FOR PURPOSES OF THIS SECTION: (A) "MINOR" MEANS A PERSON LESS THAN
21 SEVENTEEN YEARS OF AGE, OR A PERSON WHO, REGARDLESS OF HIS OR HER AGE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08560-01-9
A. 6603 2
1 IS A LAW ENFORCEMENT OFFICIAL POSING AS A MINOR DURING THE COURSE OF HIS
2 OR HER OFFICIAL DUTIES.
3 (B) "BUILDING" IN ADDITION TO ITS ORDINARY MEANING, INCLUDES ANY
4 STRUCTURE, VEHICLE, AIRCRAFT OR WATERCRAFT USED FOR OVERNIGHT LODGING OF
5 PERSONS, OR USED BY PERSONS FOR CARRYING ON BUSINESS THEREIN, OR AN
6 ENCLOSED MOTOR TRUCK, OR AN ENCLOSED MOTOR TRUCK TRAILER.
7 (C) "COMPUTER" SHALL HAVE THE SAME MEANING AS ASCRIBED TO SUCH TERM BY
8 SECTION 156.00 OF THIS PART.
9 (D) "ORAL SEXUAL CONDUCT" AND "ANAL SEXUAL CONDUCT" SHALL HAVE THE
10 SAME MEANINGS AS ASCRIBED TO SUCH TERMS BY SECTION 130.00 OF THIS TITLE.
11 (E) "SEXUAL CONTACT" SHALL HAVE THE SAME MEANING AS ASCRIBED TO SUCH
12 TERM BY SECTION 130.00 OF THIS TITLE.
13 (F) "SEXUAL INTERCOURSE" SHALL HAVE THE SAME MEANING AS ASCRIBED TO
14 SUCH TERM BY SECTION 130.00 OF THIS TITLE.
15 (G) "SEXUAL PERFORMANCE" SHALL HAVE THE SAME MEANING AS ASCRIBED TO
16 SUCH TERM BY SECTION 263.00 OF THIS PART.
17 3. NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE, IF THE
18 EVIDENCE SO WARRANTS, AN INDICTMENT AND CONVICTION FOR ATTEMPTED KIDNAP-
19 PING UNDER THE PROVISIONS OF SECTIONS 110.00 AND 135.00 OF THIS PART.
20 ATTEMPTING TO LURE OR ENTICE A MINOR IS A CLASS D FELONY.
21 S 2. Subdivisions 1 and 2 of section 235.22 of the penal law, subdivi-
22 sion 1 as amended by chapter 8 of the laws of 2007 and subdivision 2 as
23 amended by chapter 264 of the laws of 2003, are amended to read as
24 follows:
25 1. knowing the character and content of the communication which, in
26 whole or in part, depicts or describes, either in words or images actual
27 or simulated nudity, sexual conduct or sado-masochistic abuse, and which
28 is harmful to minors, he OR SHE intentionally uses any computer communi-
29 cation system allowing the input, output, examination or transfer, of
30 computer data or computer programs from one computer to another, to
31 initiate or engage in such communication with a person who is a minor,
32 LESS THAN SEVENTEEN YEARS OF AGE, OR A PERSON WHO, REGARDLESS OF HIS OR
33 HER AGE, IS A LAW ENFORCEMENT OFFICIAL POSING AS A MINOR DURING THE
34 COURSE OF HIS OR HER OFFICIAL DUTIES; and
35 2. by means of such communication he OR SHE importunes, invites or
36 induces a minor, LESS THAN SEVENTEEN YEARS OF AGE, OR A PERSON WHO,
37 REGARDLESS OF HIS OR HER AGE, IS A LAW ENFORCEMENT OFFICIAL POSING AS A
38 MINOR DURING THE COURSE OF HIS OR HER OFFICIAL DUTIES to engage in sexu-
39 al intercourse, oral sexual conduct or anal sexual conduct, or sexual
40 contact with him OR HER, or to engage in a sexual performance, obscene
41 sexual performance, or sexual conduct for his OR HER benefit.
42 S 3. This act shall take effect on the ninetieth day after it shall
43 have become a law.
