Relates to the definition of a sex offense; provides that if luring a child or the attempt thereto requires an actor to register as a sex offender, then the act is determined to be a sex offense.
Summary
S05796 amends the New York Correction Law definition of a “sex offense” for purposes of sex offender registration. The bill adds a specific rule for attempted luring of a child under Penal Law section 120.70: if the underlying offense the person intended to commit is one that already requires sex offender registration, then the attempt itself is treated as a sex offense. In practical terms, the bill is aimed at ensuring that certain attempted child-luring conduct is captured within the sex offender registration framework when the intended underlying conduct is a registrable sex crime.
The bill also makes a conforming change to the list of offenses that qualify as sex offenses, tying the registration consequence to the nature of the intended underlying offense and preserving existing age-based protections for kidnapping-related and prostitution-related offenses involving victims or persons under 17. The act would take effect immediately upon enactment.
Impact
This bill would broaden and clarify the circumstances under which a conviction for attempted luring of a child is treated as a sex offense under Correction Law section 168-a, thereby affecting who must register as a sex offender in New York. It would not create a new criminal offense, but it would expand the registration consequences attached to certain attempted conduct and reinforce existing statutory references to sex crimes, kidnapping offenses involving minors, and prostitution-related offenses involving persons under 17. The primary affected parties are criminal defendants convicted of the specified attempt offense, law enforcement and courts applying registration rules, and the state sex offender registry system.
Sentiment
Based on the bill text and caption, the measure appears to be framed as a public-safety and child-protection clarification, with no recorded committee debate or vote history available in the provided materials. The sponsor list and the bill’s narrow focus suggest support from lawmakers concerned with closing a perceived gap in sex offender registration law. Because there are no transcripts or votes, there is no documented opposition or formal sentiment in the record provided.
Contention
No committee discussion or voting record is included, so no explicit points of contention are documented. The likely policy issue is whether an attempt offense should trigger sex offender registration only when the intended underlying offense is itself registrable, which narrows the bill’s reach compared with a blanket rule. Any disagreement would likely center on the scope of registration consequences, due process concerns about attempt liability, and whether the amendment appropriately balances child protection with proportionality in registration requirements.
Relates to the definition of a sex offense; provides that if luring a child or the attempt thereto requires an actor to register as a sex offender, then the act is determined to be a sex offense.
Relating to increasing the criminal penalty for the offense of enticing a child and to the applicability of sex offender registration requirements to that offense.
Allows discretion in requiring sex offender registration for persons convicted of certain sex offenses in other states; amends the definition of a sexually violent offense.
Relating to the applicability of sex offender registration requirements to the offenses of indecent assault and improper relationship between educator and student.