S917
Memo:
BILL NUMBER: S918
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PURPOSE OF BILL:
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Prohibits the use of a computer to disseminate gambling access to minors.
SUMMARY OF SPECIFIC PROVISIONS:
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Section 1 of the bill amends Penal Law 225.00 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.
JUSTIFICATION:
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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.
EFFECTIVE DATE:
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This act shall take effect on the first day of November next succeeding the date on which it shall become a law.
Summary:
S918
Prohibits the use of a computer to disseminate gambling access to minors (less than eighteen years of age); addresses jurisdiction of conduct without the state; provides certain limitations on liability of employers for actions of employees and agents.
Text:
STATE OF NEW YORK
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918
1999-2000 Regular Sessions
IN SENATE
January 12, 1999
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Introduced by Sens. LARKIN, HANNON, KUHL, LEIBELL, MALTESE, SEWARD, 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:
1 Section 1. Section 225.00 of the penal law is amended by adding a new
2 subdivision 13 to read as follows:
3 13. THE TERM "ACCESS SOFTWARE" MEANS SOFTWARE (INCLUDING CLIENT OR
4 SERVER SOFTWARE) OR ENABLING TOOLS THAT DO NOT CREATE OR PROVIDE THE
5 CONTENT OF THE COMMUNICATION BUT THAT ALLOW A USER TO DO ANY ONE OR MORE
6 OF THE FOLLOWING:
7 (A) FILTER, SCREEN, ALLOW OR DISALLOW CONTENT;
8 (B) PICK, CHOOSE, ANALYZE OR DIGEST CONTENT; OR
9 (C) TRANSMIT, RECEIVE, DISPLAY, FORWARD, CACHE, SEARCH, SUBSET, ORGAN-
10 IZE, REORGANIZE OR TRANSLATE CONTENT.
11 § 2. The penal law is amended by adding a new section 225.45 to read
12 as follows:
13 § 225.45 DISSEMINATING ACCESS TO GAMBLING TO MINORS.
14 A PERSON IS GUILTY OF DISSEMINATING ACCESS TO GAMBLING TO MINORS WHEN
15 HE KNOWINGLY USES ANY COMPUTER COMMUNICATION SYSTEM ALLOWING THE INPUT,
16 OUTPUT, EXAMINATION OR TRANSFER, OF COMPUTER DATA OR COMPUTER PROGRAMS
17 FROM ONE COMPUTER TO ANOTHER, TO DISSEMINATE ACCESS TO GAMBLING TO A
18 PERSON WHO IS A MINOR LESS THAN EIGHTEEN YEARS OF AGE.
19 DISSEMINATING ACCESS TO GAMBLING IS A CLASS E FELONY.
20 § 3. The penal law is amended by adding a new section 225.50 to read
21 as follows:
22 § 225.50 DISSEMINATING COMPUTERIZED GAMBLING ACCESS TO MINORS; NO
23 DEFENSE.
24 ANY OFFENSE DEFINED IN THIS ARTICLE WHICH CONSISTS OF THE COMMISSION
25 OF ACTS INVOLVING THE USE OF ANY COMPUTER COMMUNICATION SYSTEM OR ELEC-
PAGE-2
1 TRONIC DATA STORAGE MEDIUM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR
2 TRANSFER, OF COMPUTER DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO
3 ANOTHER, TO DISSEMINATE ACCESS TO GAMBLING TO A MINOR IS NO LESS CRIMI-
4 NAL BECAUSE ONE OR MORE OF SUCH ACTS IS COMMITTED WITHOUT THE STATE AND
5 IS NOT VIOLATIVE OF THE LAWS OF THE JURISDICTION IN WHICH IT WAS SO
6 COMMITTED.
7 § 4. The penal law is amended by adding a new section 225.55 to read
8 as follows:
9 § 225.55 DISSEMINATING COMPUTERIZED GAMBLING ACCESS TO MINORS; LIMITA-
10 TIONS.
11 IN ANY PROSECUTION FOR DISSEMINATING ACCESS TO GAMBLING TO MINORS
12 DEFINED IN SECTION 225.45 OF THIS ARTICLE AND SUBJECT TO THE QUALIFICA-
13 TION OF DISSEMINATING COMPUTERIZED GAMBLING ACCESS TO MINORS PURSUANT
TO
14 SECTION 225.50 OF THIS ARTICLE:
15 1. NO PERSON SHALL BE HELD TO HAVE VIOLATED SUCH PROVISIONS SOLELY FOR
16 PROVIDING ACCESS OR CONNECTION TO OR FROM A FACILITY, SYSTEM, OR NETWORK
17 NOT UNDER THAT PERSON'S CONTROL, INCLUDING TRANSMISSION, DOWNLOADING,
18 INTERMEDIATE STORAGE, ACCESS SOFTWARE, OR OTHER RELATED CAPABILITIES
19 THAT ARE INCIDENTAL TO PROVIDING SUCH ACCESS OR CONNECTION THAT DO NOT
20 INCLUDE THE CREATION OF THE GAMBLING ACCESS CONTENT OF THE DISSEM-
21 INATION.
22 (A) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE APPLICA-
23 BLE TO A PERSON WHO IS A CONSPIRATOR WITH AN ENTITY ACTIVELY INVOLVED IN
24 THE KNOWING DISSEMINATION OF GAMBLING ACCESS THAT VIOLATES SUCH
25 PROVISIONS, OR WHO KNOWINGLY ADVERTISES THE AVAILABILITY OF SUCH DISSEM-
26 INATIONS.
27 (B) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE APPLICA-
28 BLE TO A PERSON WHO PROVIDES ACCESS OR CONNECTION TO A FACILITY, SYSTEM,
29 OR NETWORK ENGAGED IN THE VIOLATION OF SUCH PROVISIONS THAT IS OWNED OR
30 CONTROLLED BY SUCH PERSON.
31 2. NO EMPLOYER SHALL BE HELD LIABLE UNDER SUCH PROVISIONS FOR THE
32 ACTIONS OF AN EMPLOYEE OR AGENT UNLESS THE EMPLOYEE'S OR AGENT'S CONDUCT
33 IS WITHIN THE SCOPE OF HIS EMPLOYMENT OR AGENCY AND THE EMPLOYER HAVING
34 KNOWLEDGE OF SUCH CONDUCT, AUTHORIZES OR RATIFIES SUCH CONDUCT, OR RECK-
35 LESSLY DISREGARDS SUCH CONDUCT.
36 § 5. This act shall take effect on the first day of November next
37 succeeding the date on which it shall have become a law.