LURING A CHILD

LAWS OF NEW YORK, 2008
CHAPTER 405

AN ACT to amend the penal law and the correction law, in relation to creating the crime of luring a child

Became a law August 5, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. The penal law is amended by adding a new section 120.70 to
read as follows:
§ 120.70 Luring a child.
1. A person is guilty of luring a child when he or she lures a child
into a motor vehicle, aircraft, watercraft, isolated area, building, or
part thereof, for the purpose of committing against such child any of
the following offenses: an offense as defined in section 70.02 of this
chapter; an offense as defined in section 125.25 or 125.27 of this chap-
ter; a felony offense that is a violation of article one hundred thirty
of this chapter; an offense as defined in section 135.25 of this chap-
ter; an offense as defined in sections 230.30, 230.33 or 230.34 of this
chapter; an offense as defined in sections 255.25, 255.26, or 255.27 of
this chapter; or an offense as defined in sections 263.05, 263.10, or
263.15 of this chapter. For purposes of this subdivision "child" means
a person less than seventeen years of age. Nothing in this section shall
be deemed to preclude, if the evidence warrants, a conviction for the
commission or attempted commission of any crime, including but not
limited to a crime defined in article one hundred thirty-five of this
chapter.
2. Luring a child is a class E felony, provided, however, that if the
underlying offense the actor intended to commit against such child
constituted a class A or a class B felony, then the offense of luring a
child in violation of this section shall be deemed respectively, a class
C felony or class D felony.
§ 2. Paragraph (a) of subdivision 2 of section 168-a of the correction
law, as amended by chapter 7 of the laws of 2007, subparagraph (i) as
amended by chapter 74 of the laws of 2007, is amended to read as
follows:
(a) (i) a conviction of or a conviction for an attempt to commit any
of the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating to kidnapping offenses, provided the
victim of such kidnapping or related offense is less than seventeen
years old and the offender is not the parent of the victim, or section
230.04, where the person patronized is in fact less than seventeen years
of age, 230.05 or 230.06, or subdivision two of section 230.30, or
section 230.32 or 230.33 of the penal law, or (ii) a conviction of or a
conviction for an attempt to commit any of the provisions of section
235.22 of the penal law, or (iii) a conviction of or a conviction for an
attempt to commit any provisions of the foregoing sections committed or
attempted as a hate crime defined in section 485.05 of the penal law or
as a crime of terrorism defined in section 490.25 of such law or as a
sexually motivated felony defined in section 130.91 of such law; or
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly