NEW YORK STATE SENATE
MEMORANDUM IN SUPPORT OF LEGISLATION
Submitted In Accordance with Senate Rule VI, 11
SPONSOR: William J. Larkin, Jr.
ASSEMBLY NO: S2636
TITLE OF BILL:
AN ACT to amend the penal law, in relation to prohibiting the dissemination
of access to gambling to minors by means of a computer.
PURPOSE OF BILL.-
Prohibits the use of a computer to disseminate gambling access to minors.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Penal Law 1225, 00 by adding new subdivision
13, which shall include "access software" within the definitions applicable
to the article.
Section 2 amends the Penal Law by adding a new section 225.45 to provide
that a person who is guilty of disseminating access to gambling to minors
is a class E felony.
Section 3 amends the Penal Law by a new section 225.50 which provides
categories of exempt and non-exempt individuals.
Section 4 amends the Penal law by adding a new section 225,55 which
provides certain limitations for prosecution.
Section 5 provides for the effective date.
Internet access provides a wealth of opportunities for individuals to
explore websites throughout New York State, the Unites States and the world.
Information available on the Internet Is vast. Although the majority
of sites which are accessible to individuals contain appropriate information,
providing gambling information to minors Is not an appropriate use of the
internet and therefore should be curtailed. This bill makes the dissemination
of gambling Information to minors-through the internet a Class E felony.
This act shall take effect on the first day of November next succeeding
the date on which it shall become a law.
S T A T E 0 F N E W Y 0 R K
1997-1998 Regular Sessions
I N S E N A T E
February 18, 1997
introduced by Sens. LARKIN, GOODMAN, KUHL, LEVY, MALTESE, MARCHI,
PRESENT, RATH, TRUNZO, VELELLA, VOLKER -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes AN ACT to amend
the penal law, in relation to prohibiting the dissemination of access to
gambling to minors by means of a computer THE PEOPLE OF THE STATE OF NEW
YORK, REPRESENTED IN SENATE AND ASSEMBLY, Do ENACT AS FOLLOWS:
Section 1. Section 225.00 of the penal law is amended by adding
subdivision 13 to read as follows:
13. THE TERM "ACCESS SOFTWARE" MEANS SOFTWARE (INCLUDING CLIENT
SERVER SOFTWARE) OR ENABLING TOOLS THAT DO NOT CREATE OR PROVIDE
CONTENT OF THE COMMUNICATION BUT THAT ALLOW A USER TO Do ANY
ONE OR MORE
OF THE FOLLOWING:
(A) FILTER, SCREEN, ALLOW OR DISALLOW CONTENT;
(B) PICK, CHOOSE, ANALYZE OR DIGEST CONTENT; OR
(C) TRANSMIT, RECEIVE, DISPLAY, FORWARD, CACHE, SEARCH, SUBSET,
IZE, REORGANIZE OR TRANSLATE CONTENT.
S 2. The penal law is amended by adding a new section 225.45
S 225.45 DISSEMINATING ACCESS TO GAMBLING TO MINORS.
A PERSON IS GUILTY OF DISSEMINATING ACCESS TO GAMBLING TO MINORS
HE KNOWINGLY USES ANY COMPUTER COMMUNICATION SYSTEM ALLOWING
OUTPUT, EXAMINATION OR TRANSFER, OF COMPUTER DATA OR COMPUTER
FROM ONE COMPUTER To ANOTHER, TO DISSEMINATE ACCESS TO GAMBLING
PERSON WHO IS A MINOR LESS THAN EIGHTEEN YEARS OF AGE.
DISSEMINATING ACCESS TO GAMBLING IS A CLASS E FELONY.
S 3. The penal law is amended by adding a now section 225.50
S 225.50 DISSEMINATING COMPUTERIZED GAMBLING ACCESS TO MINORS;
ANY OFFENSE DEFINED IN THIS ARTICLE WHICH CONSISTS OF THE COMMISSION
OF ACTS INVOLVING THE USE OF ANY COMPUTER COMMUNICATION SYSTEM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
is old law to be omitted.
TRONIC DATA STORAGE MEDIUM ALLOWING THE INPUT, OUTPUT, EXAMINATION
TRANSFER, OF COMPUTER DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER
ANOTHER, TO DISSEMINATE ACCESS TO GAMBLING TO A MINOR IS NO LESS
NAL BECAUSE ONE OR MORE OF SUCH ACTS IS COMMITTED WITHOUT THE
IS NOT VIOLATIVE OF THE LAWS OF THE JURISDICTION IN WHICH IT
S 4. The penal law is amended by adding a new section 225.55
S 225.55 DISSEMINATING COMPUTERIZED GAMBLING ACCESS TO MINORS;
IN ANY PROSECUTION FOR DISSEMINATING ACCESS TO GAMBLING TO MINORS
DEFINED IN SECTION 225.45 OF THIS ARTICLE AND SUBJECT TO THE
TTON OF DISSEMINATING COMPUTERIZED GAMBLING ACCESS TO MINORS
SECTION 225.50 OF THIS ARTICLE;
1. NO PERSON SMALL BE HELD TO HAVE VIOLATED SUCH PROVISIONS SOLELY
PROVIDING ACCESS OR CONNECTION TO OR FROM A FACILITY, SYSTEM,
NOT UNDER THAT PERSON'S CONTROL, INCLUDING TRANSMISSION, DOWNLOADING,
INTERMEDIATE STORAGE, ACCESS SOFTWARE, OR OTHER RELATED CAPABILITIES
THAT ARE INCIDENTAL TO PROVIDING SUCH ACCESS OR CONNECTION THAT
INCLUDE THE CREATION OF THE GAMBLING ACCESS CONTENT OF THE DISSEM-
(A) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE
BLE TO A PERSON WHO IS A CONSPIRATOR WITH AN ENTITY ACTIVELY
THE KNOWING DISSEMINATION OF GAMBLING ACCESS THAT
PROVISIONS, OR WHO KNOWINGLY ADVERTISES THE AVAILABILITY OF
(B) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE
BLE TO A PERSON WHO PROVIDES ACCESS OR CONNECTION TO A FACILITY,
OR NETWORK ENGAGED IN THE VIOLATION OF SUCH PROVISIONS THAT IS
CONTROLLED BY SUCH PERSON,
2. NO EMPLOYER SHALL BE HELD LIABLE UNDER SUCH PROVISIONS FOR
ACTIONS OF AN EMPLOYEE OR AGENT UNLESS THE EMPLOYEE'S OR AGENT'S
IS WITHIN THE SCOPE OF HIS EMPLOYMENT OR AGENCY AND THE EMPLOYER
KNOWLEDGE OF SUCH CONDUCT, AUTHORIZES OR RATIFIES SUCH CONDUCT,
LESSLY DISREGARDS SUCH CONDUCT.
S 5. This act shall take effect on the first day of November
next succeeding the date on which it shall have become a law.