New York

Population

19,795,791

Population 0‑18

21.4%

Internet Users

73.4%

Home Internet Subscribers

0.0%
* Statistics provided by CIA.gov, Internet World Stats and GSMA Intellligence

2004 – The New York Public Library released terms of use for using library computers. This online document describes the library’s use of filtering software, which protects against obscenity, child pornography and materials harmful to minors, in compliance with CIPA. Additionally, the library hosts special websites for children and teens, develops training programs on Internet safety, encourages staff to deter minors from inappropriate materials and distributes a parent’s guide to online safety.

2008 – Learning standards for Internet safety were issued for elementary, intermediate and commencement level for the first time, aligning all standard areas to include components of safe Internet usage. In addition, the State Education Department provides online resources for teachers, parents and students.

Also in 2008, The New York State Education Department and New York State Technology Education Association held a summit to develop recommendations for improving technology education. The two organizations committed to action steps, including the following: maintaining resources for students online, highlighting the importance of STEM learning in federal and state grant opportunities, and supporting student achievement in technology education.

2010 – With the passage of the New York State Education Law Section 814, any school district in the state can provide instruction on Internet safety for K-12 students. Such courses will be age appropriate in providing skills, awareness and information about online safety, and will be accompanied by resources and technical assistance for students in grades 3-12 and their parents. These resources will include information on how child predators use the Internet to lure and exploit children, how to protect personal information online and how to stop cyberbullying.

The same year, the New York State Library received a federal grant through the program [email protected], enabling it to add public access computer centers to 30 public libraries and create five E-mobile computer training units over the course of two years. This allowed public libraries to extend hours, add workstations and provide access to job search resources in economically struggling counties.

2015 – The NYS Office of Information Technology Services’ Enterprise Information Security Office held a Computer Safety Contest in partnership with the Multi-State Information Sharing and Analysis Center. The contest encouraged students in kindergarten through 12th grade to make posters about Internet safety.

Also in 2015, The New York Law School hosted the Internet Safety Conference – a gathering of policy makers, leaders in business and politics, attorneys, social scientists, teachers, students and advocates. The conference focused on combatting all forms of cyberharassment. At the conference, the law school launched a pro bono initiative to aid victims of online harassment.

2016 – In June, the 19th New York State Cyber Security Conference and 11th Annual Symposium on Information Assurance will be held in Albany. Hosted by the New York State Office of Information Technology Services, the University at Albany’s School of Business, and The New York State Forum, Inc., the event will focus on “Focusing the Cyber Security Lens.”

Bureau of Internet and Technology, New York Attorney General’s Office

This office works to protect consumers and families from online threats. It has worked on cases related to a range of technology issues, including child safety, privacy and discrimination.

Educational Design and Technology, NYS Education Department

The department’s website provides information ranging from computer-based testing and online learning, to online safety guidelines for students, parents, teachers and administrators.

E-Rate Central

This firm offers E-rate services and assistance for school districts, libraries, charter schools and more in New York State.

MTV, A Thin Line

This campaign works to empower youth to identify, respond to and stop digital abuse. The goal is to help young people make smart choices about online conduct and how to recognize online abuse.

New York Public Library

The library’s website lists tips for keeping children and teens safe online. This includes guidelines for passwords, sharing photos, personal information and social networking, among other topics.

NYS Division of Consumer Protection

The department offers resources on Internet safety and, specifically, protecting children online with preventive steps and parental monitoring.

NYS Division of Criminal Justice Services

The DCJS provides a searchable directory of state sex offenders, information about sex offense kits, and juvenile justice reform. The website also includes online safety recommendations and common risks on the Internet.

NYS Enterprise Information Security Office

This office is responsible for protecting the state’s cyber security infrastructure, as well as providing statewide coordination of cybersecurity policies, standards and programs. Its website displays online resources for children, parents and educators on the topic of Internet safety, as well as competitions to engage kids on the issue.

NYS Office of Children and Family Services

The website of this office offers detailed explanations of the multiple forms human trafficking can take, New York State protocol for aiding a trafficking victim, and relevant legislation.

NYS Office of Temporary and Disability Assistance

This office provides information and resources for victims of human trafficking.

NYS Office of Victim Services

This office helps inform victims of crimes about their rights, and connect them with services and financial resources.

School Violence Prevention and Intervention Providers

The New York State Education Department offers a listing of service providers and resources regarding school violence, listed by city.

Secure Our Smartphones, New York Attorney General’s Office

With a focus on public safety, this partnership between the New York State Attorney General and the San Francisco District Attorney General works to urge manufacturers and carriers of smartphones to deter crime, eliminate the second-hand market for stolen devices and protect their customers. The initiative is comprised of law enforcement agencies, elected leaders and consumer advocates.

Sex Offender Management Bureau

Created by the Attorney General, this office works in tandem with other New York State departments to develop statewide protocols to ensure public safety.

Sex Offender Registry

New York State offers a searchable directory of sex offenders. The type of information available about an offender depends on his/her risk level of committing another offense.

The New York State Model Schools

This website offers an online course on Internet safety for teachers. In four modules, the course covers topics ranging from social networking sites to cyber citizenship, netiquette and intellectual property rights, as well as strategies for safe schools.

Tyler Clementi Institute for Internet Safety

Founded in the name of Tyler Clementi, a 18-year-old who committed suicide after being cyberbullied, this nonprofit works to end online and in-person bullying. Its programs work for bullying prevention, remediation and systematic change.

New York City Mobile Services Study (2015)

New York City Department of Consumer Affairs

This report examines mobile banking and mobile phone ownership.

Surviving the Streets of New York: Experiences of LGBTQ Youth, YMSM, and YWSW Engaged in Survival Sex (2015)

M. Dank, J. Yahner, K. Madden, I. Bañuelos, L. Yu, A. Ritchie, M. Mora, B, Conner

This study is among the first to focus on the experiences of LGBTQ youth who have self-reported engagement in survival sex in New York City.

National Human Trafficking Resource Center: New York State Report (2015)

National Human Trafficking Resource Center

This report compiles 2014 data on human trafficking, including the number of reports made to NHTRC and demographic data on the state's trafficking victims.

Integrating Virtual and Traditional Learning in 6-12 Classrooms: A Layered Literacies Approach to Multimodal Meaning Making (2014)

S.S. Abrams

The book includes chapters on integrating virtual and traditional learning, layering the classroom experience and rethinking pedagogy.

Demystifying Digitalk: The What and Why of the Language Teens Use in Digital Writing (2014)

K.H. Turner, S.S. Abrams, E. Katic, M.J. Donova

This is a mixed method study that not only examines the conventions of digitalk, but also explores the reasoning behind teens’ language choices.

Peers, Predators, and Porn: Predicting Parental Underestimation of Children’s Risky Online Experiences (2013)

S. Byrne, S.J. Katz, T. Lee, D. Linz, M. McIlrath

This study found that a permissive parenting style, difficulty communicating about online risks, and household environmental variables such as having access to a private computing space play a role in parental underestimation of risky social interactions that their children encounter and experience online.

Expanding Workforce Development and Digital Literacy Services in New York State Public Libraries (2013)

New York State Library

This report evaluates a state-wide project to improve ICT and advance digital literacy in public libraries.

Homelessness, Survival Sex and Human Trafficking: As Experienced by the Youth of Covenant House New York (2013)

J. Bigelsen

This report collected information on trafficked youth in New York City with the goal of improving services and public policy.

Survey of Internet and At-risk Behaviors (2008)

S.C. McQuade, N. Sampat

This survey research measured online victimization of K-12 students, parents' supervison of their children's online activity, and teachers' perceptions of online abuse and crime.

New York State Interagency Task Force on Human Trafficking (2008)

New York State Interagency Task Force on Human Trafficking

This report focuses on New York's implementation of 2007 human trafficking law.

This section contains details of the state’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

Unless otherwise specified, felonies in the state of New York are sentenced as follows:

  • Class A-I felony: indeterminate range of minimum term of imprisonment between fifteen to 25 years, maximum term is life imprisonment;
  • Class A-II felony: indeterminate range of minimum term of imprisonment between three years up to eight years and four months, maximum term is life imprisonment;
  • Class B felony: indeterminate range of minimum term of imprisonment between one year up to eight years and three months, maximum term is 25 years’ imprisonment; class B violent felony, five to 25 years’ imprisonment; second class B violent felony, ten to 25 years’ imprisonment;
  • Class C felony: indeterminate range of minimum term of imprisonment between one year up to five years, maximum term is fifteen years’ imprisonment; class C violent felony, three years and six months up to fifteen years’ imprisonment; second class C violent felony, seven to fifteen years’ imprisonment;
  • Class D felony: indeterminate range of minimum term of imprisonment between one year up to two years and three months, maximum term is seven years’ imprisonment; class D violent felony, two to seven years’ imprisonment; second class D violent offense, five to seven years’ imprisonment;
  • Class E felony: indeterminate range of minimum term of imprisonment between one year up to one year and three months, maximum term is four years’ imprisonment; class E violent felony, one year and six months to four years’ imprisonment.

Note I: The Class A-II felonies of predatory sexual assault as defined in Section 130.95 or predatory sexual assault against a child as defined in Section 130.96 of the Penal Code both carry an indeterminate minimum sentence of ten to 25 years’ imprisonment.

Note II: Class B violent felonies include attempts to commit any of the following offenses: rape in the first degree (Section 130.35), criminal sexual act in the first degree (Section 130.50), aggravated sexual abuse in the first degree (Section 130.70), course of sexual conduct against a child in the first degree (Section 130.75). Class C violent felonies include attempts to commit any of the following: any class B violent felony; aggravated sexual abuse in the second degree (Section 130.67). Class D violent felonies include attempts to commit any of the following: any class C violent felony; stalking in the first degree (Section 120.60), rape in the second degree (Section 130.30), criminal sexual act in the second degree (Section 130.45), sexual abuse in the first degree (Section 130.65), course of sexual conduct against a child in the second degree (Section 130.80), aggravated sexual abuse in the third degree (Section 130.66). Class E violent felonies include attempt to commit any of the following: persistent sexual abuse (Section 130.53), aggravated sexual abuse in the fourth degree (Section 130.65-a).

A person convicted for a felony offense for a sexual assault against a child (other than persistent sexual abuse, Section 130.53, Penal Code) having previously been subjected to a predicate felony conviction for a sexual assault against a child, will be sentenced as follows:

  • Where the current conviction is for a class A-II or B felony and the predicate conviction is for a class A-II, B or C felony offense: indeterminate range of minimum term of imprisonment between fifteen to 25 years’ imprisonment with a maximum term of life imprisonment;
  • Where the current conviction is for a class C felony and the predicate conviction is for a Class A-II, B or C felony offense: twelve to 30 years’ imprisonment;
  • Where the current conviction is for a class B felony and the predicate conviction is for a class D or E felony offense: twelve to 30 years’ imprisonment;
  • Where the current conviction is for a class C felony and the predicate conviction is for a class D or E felony offense: ten to 25 years’ imprisonment;
  • Where the current conviction is for a class D felony and the predicate conviction is for a felony offense: five to fifteen years’ imprisonment;
  • Where the current conviction is for a class E felony and the predicate conviction is for felony offense: four to twelve years’ imprisonment.

Unless otherwise specified, misdemeanors in the state of New York are sentenced as follows:

  • Class A misdemeanor: maximum sentence of one year’s imprisonment.
  • Class B misdemeanor: maximum sentence of three months’ imprisonment.
  • Unclassified misdemeanor: term to be fixed by the court.

S5253B, The Cyber-Crime Youth Rescue Act. Creates a divisionary educational reform program for young people under the age of 20 who are charged with texting, emailing or otherwise electronically disseminating nude or obscene images (sexting). The Act applies when the sender and receiver of the obscene message were both under the age of 20 at the time of the offense, but no more than five years apart in age. The two-year program, offering an alternative prosecution for judges, aims to preserve the juvenile’s reputation and criminal record by educating offenders about the legal consequences and potential penalties for sharing sexually suggestive material, as well as the possible social effects such as loss of educational opportunities, potential effects on relationships and so on.

The Electronic Security and Targeting of Online Predators (e-STOP). Requires convicted sex offenders to register their email addresses and the details of all online identities to enable social networking sites to screen and block them from communicating with minors.

S1987B, “Dignity for All Students Act” (The Dignity Act). Seeks to provide New York State’s public elementary and secondary school students with an environment free from bullying, harassment, discrimination, and intimidation on school property, a school bus and/or at a school function by students or employees. In July 2012, one year from the effective date of the Dignity Act, New York State Governor Cuomo signed a cyberbullying component to the Act, which went into effect in July, 2013. As of July 2013, it is a school’s responsibility to investigate cases of cyberbullying that are reported to them, which may also have occurred off campus.

Commissioner’s Regulation 100.2 (l), Education Law 2801, Education Law 2801-a: Requires each board of education to adopt and enforce a code of conduct, which includes disciplinary measures to be taken in incidents involving the use of physical force or harassment. Requires school safety plans to contain strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as creating a forum or designating a mentor for students concerned with bullying or violence and establishing anonymous reporting mechanisms for school violence.

Sex Offender Management and Treatment Act (SOMTA). Provides for the civil management of repeat sex offenders upon the expiration of their criminal sentences. Under SOMTA, the most dangerous offenders are transferred to a secure treatment facility, while offenders the court has found appropriate to be managed within the community are put on a regimen of strict and intensive supervision and treatment. The aim of this act is to enhance public safety.

H.R.4980, Preventing Sex Trafficking and Strengthening Families Act. Mandates that the state plans for foster care and adoption demonstrate that the state agency has developed policies and procedures for identifying, documenting and determining appropriate responses to children who are, or are at risk of becoming,victims of sex trafficking.

Article 23-B, Child Abuse in an Educational Setting. Requires certain school employees to report allegations of child abuse in an educational setting. The law establishes a reporting process. Upon receiving an allegation of child abuse in an educational setting, employees must complete a reporting form and deliver it to the administrator of the school where the abuse allegedly occurred. If the allegation involves a child allegedly abused by a school employee or volunteer in another school district, the report form must be forwarded to the superintendent of both school districts. Upon receiving a report, administrators must review the allegation and determine whether there is reasonable suspicion to believe that an act of child abuse has occurred. If he/she finds reasonable suspicion, he/she must take specified steps depending on if a child, parent or other individual made the allegation. The law also includes guidelines for superintendents and outlines the judicial process.

  • Article 2, §11. NY State Education Law. The Dignity Act. Definitions. Defines, among other things, bullying as the creation of a hostile environment through threats, intimidation or abuse, including through cyberbullying, that disrupts the victim’s educational performance, causes emotional injury or fear for his/her physical safety, or occurs off school property but creates the risk of substantial disruption within the school environment.
  • Article 2, §13. NY State Education Law. The Dignity Act. Policies and Guidelines. Requires school districts to put in place guidelines and protocols to deal with cyberbullying, harassment, bullying and discrimination, including assignment of a school official to receive and investigate reports; preventative actions; coordination with law enforcement where appropriate; development of a bullying prevention strategy; and notice to all school community members of the school’s policies.
  • Article 2, §14. NY State Education Law. The Dignity Act. Commissioner’s Responsibilities. Requires the Commissioner to, among other things, provide educational materials to school districts outlining best practices in addressing cyberbullying and helping victims. Furthermore, school employees, new teachers and administrators applying after July 1, 2013, have to complete a training course on the social patterns of bullying and harassment, its identification and strategies for addressing it.
  • Article 17, §814, NY State Education Law, “Courses of Study in Internet Safety.” Allows schools to teach Internet safety techniques and topics to pupils from kindergarten to grade 12 and requires the Commissioner of Education to develop and make available to schools age-appropriate resources and technical assistance concerning safe Internet use.
  • Article 156, Penal Code. Offenses Involving Computers. This section covers a range of offenses involving computers, such as unauthorized use of a computer, computer trespass, computer tampering, unlawful duplication of computer-related material, and criminal possession of computer-related material.
  • Section 130.00, Penal Code. Sex Offenses; Definition of Terms. Defines, among other things, ‘forcible compulsion’ as to compel either by use of physical force, or by threat, expressed or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped. The Section also defines ‘aggravated sexual conduct’ as inserting a foreign object into the vagina, anus, urethra or penis of a child, thereby causing physical injury to the child.
  • Section 130.05, Penal Code. Sex Offenses; Lack of Consent. States that lack of consent to a sexual act results from forcible compulsion, the incapacity to consent, or, where the offense is charged as sexual abuse or forcible touching, or under any circumstance in which the victim does not expressly nor impliedly consent to the act. A person under the age of seventeen is deemed incapable of consenting.
  • Section 130.20, Penal Code. Sexual Misconduct. This section states that anyone who engages in sexual intercourse, anal or oral sexual conduct with another person without that person’s consent is guilty of this offense, which is deemed to be a class A misdemeanor.
  • Section 130.25, Penal Code. Rape in the Third Degree. States that a person is guilty of rape in the third degree when they, being of or over the age of 21, engage in sexual intercourse with a child under the age of seventeen; with a person incapable of consenting by reason of some factor other than being under the age of seventeen, or without a person’s consent which is by reason of some factor other than the incapacity to consent. Rape in the third degree is a class E felony.
  • Section 130.30, Penal Code. Rape in the Second Degree. This section states that anyone who, being of or above the age of eighteen, engages in sexual intercourse with a child under the age of fifteen, or with a person incapable of consent due to a mental disability, is guilty of rape in the second degree, which is a class D felony.
  • Section 130.35, Penal Code. Rape in the First Degree. States that a person is guilty of rape in the first degree if they have sexual intercourse with another person by forcible compulsion; with a child under the age of eleven; with a child under the age of thirteen if the offender is aged eighteen or above, or with a physically helpless person who is incapable of consent. Rape in the first degree is a class B felony.
  • Section 130.40, Penal Code. Criminal Sexual Act in the Third Degree. This Section states that anyone who, being of or over the age of 21, engages in oral or anal sexual conduct with a child under the age of seventeen; with a person incapable of consenting by reason of some factor other than being under the age of seventeen, or without a person’s consent which is by reason of some factor other than the incapacity to consent, commits this offense. The offense is deemed to be a class E felony.
  • Section 130.45, Penal Code. Criminal Sexual Act in the Second Degree. States that a person is guilty of criminal sexual act in the second degree when, being of or above the age of eighteen, they engage in anal or oral sexual conduct with a child under the age of fifteen or with a person who is incapable of consent due to a mental disability. It is a defense to a charge under the first part of this Section that the accused was less than four years older than the victim at the time of the offense. Criminal sexual act in the second degree is a class D felony.
  • Section 130.50, Penal Code. Criminal Sexual Act in the First Degree. States that a person is guilty of criminal sexual act in the first degree if they have sexual intercourse with another person by forcible compulsion; with a child under the age of eleven; with a child under the age of thirteen if the offender is aged eighteen or above, or with a physically helpless person who is incapable of consent. Criminal sexual act in the first degree is a class B felony.
  • Section 130.52, Penal Code. Forcible Touching. Defines forcible touching as intentionally forcibly touching another person’s sexual or other intimate parts for the purpose of degrading or abusing such person, or for the purpose of satisfying their sexual desire. This is a class A misdemeanor.
  • Section 130.53, Penal Code. Persistent Sexual Abuse. Defines the offense of persistent sexual abuse as committing the crime of forcible touching, sexual abuse in the third degree, or sexual abuse in the second degree, having been convicted on two or more separate occasions within the previous ten years for one of these offenses. Persistent sexual abuse is a class E felony.
  • Section 130.55, Penal Code. Sexual Abuse in the Third Degree. This Section states that anyone who subjects another person to sexual contact without consent is guilty of sexual abuse in the third degree. If the lack of consent was due solely to incapacity to consent as the victim was under the age of seventeen, or the victim was over the age of fourteen years and the accused was less than five years older than the victim at the time of the offense, no offense has been committed. Sexual abuse in the third degree is classed as a class B misdemeanor.
  • Section 130.60, Penal Code. Sexual Abuse in the Second Degree. States that anyone who subjects a child under the age of fourteen or a person incapable of consent by reason of some factor other than being less than seventeen years old is guilty of sexual abuse in the second degree, a class A misdemeanor.
  • Section 130.65, Penal Code. Sexual Abuse in the First Degree. Defines the offense of sexual abuse in the first degree as subjecting another person to sexual contact by forcible compulsion; or when the victim is under the age of eleven; or when the victim is under the age of thirteen and the offender is aged 21 or above; or when the victim is incapable of consent due to physical helplessness. Sexual abuse in the first degree is a class D felony.
  • Section 130.65, Penal Code. Aggravated Sexual Abuse in the Fourth Degree. This section states that a person is guilty of aggravated sexual abuse in the fourth degree if they insert a foreign object in the vagina, urethra, penis, rectum or anus of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old; or they insert a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than seventeen years old. Aggravated sexual abuse in the fourth degree is a class E felony.
  • Section 130.66, Penal Code. Aggravated Sexual Abuse in the Third Degree. Defines the offense as inserting a foreign object in the vagina, urethra, penis, rectum or anus of another person: who is under the age of eleven; or by forcible compulsion; or when the victim is incapable of consent due to being physically helpless; or when the victim is mentally disabled and the insertion causes physical injury. The offense is deemed to be a class D felony.
  • Section 130.67, Penal Code. Aggravated Sexual Abuse in the Second Degree. States that a person is guilty of aggravated sexual abuse in the second degree, a class C felony, if they insert a finger in the vagina, urethra, penis, rectum or anus of another person, causing physical injury, and the victim is under the age of eleven; or the offense is committed by forcible compulsion, or the victim is incapable of consent due to being physically helpless.
  • Section 130.70, Penal Code. Aggravated Sexual Abuse in the First Degree. This section states that this offense is committed by anyone who inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person, causing physical injury, and the victim is under the age of eleven years; or the offense is committed by forcible compulsion; or the victim is incapable of consent due to being physically helpless. This offense is deemed to be a class B felony.
  • Section 130.75, Penal Code. Course of Sexual Conduct against a Child in the First Degree. States that a person is guilty of course of sexual conduct against a child in the first degree when, over a period not less than three months, they engaged in two or more acts of sexual conduct, at least one of which is sexual intercourse, oral, anal or aggravated sexual conduct, with a child under the age of eleven. A person is also guilty of this offense if they, being of or above the age of eighteen, engaged in two or more acts of sexual conduct, at least one of which is sexual intercourse, oral, anal or aggravated sexual conduct, with a child under the age of thirteen. The offense is deemed to be a class B felony.
  • Section 130.80, Penal Code. Course of Sexual Conduct against a Child in the Second Degree. Defines the offense as engaging in two or more acts of sexual conduct with a child under the age of eleven over a period not less than three months. The offense also includes anyone who, being of or above the age of eighteen, engages in two or more acts of sexual conduct with a child under the age of thirteen over a minimum of three months. The offense is classified as a class D felony.
  • Section 130.90, Penal Code. Facilitating a Sex Offense with a Controlled Substance. States that anyone who knowingly and unlawfully possesses a controlled substance and administers this to another person without their consent and with the intent to commit a felony defined in this Article (130) against this person is guilty of a class D felony. An attempt to commit this offense is also deemed to be a class D felony.
  • Section 130.91, Penal Code. Sexually Motivated Felony. Defines the offense of a sexually motivated felony as (among other things) committing a specified offense for the purpose of one’s own direct sexual gratification.
  • Section 130.95, Penal Code. Predatory Sexual Assault. States that a person is guilty of this offense if they commit rape in the first degree, a criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or a course of sexual conduct against a child in the first degree, when: the victim suffers serious physical injury, or the offender uses or threatens to use a dangerous instrument; the offender has engaged in one of the aforementioned offenses against one or more additional persons; or the offender has previously been convicted for a felony defined in this Article (130), incest or use of a child in a sexual performance (Section 263.05). Predatory sexual assault is a class A-II felony.
  • Section 130.96, Penal Code. Predatory Sexual Assault Against a Child. This section states that predatory sexual assault against a child is committed by anyone who, being of or over the age of eighteen, commits the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or a course of sexual conduct against a child in the first degree on a child under the age of thirteen. This is deemed to be a class A-II felony.
  • Section 230.00, Penal Code. Prostitution. Defines the class B misdemeanor of prostitution as engaging, agreeing or offering to engage in sexual conduct with another person in return for a fee.
  • Section 230.03, Penal Code. Prostitution in a School Zone. States that a person is guilty of prostitution in a school zone when of 19 years of age or older and acting during school hours, he/she commits the crime of prostitution at a place that he/she knows, or reasonably should know, is in a school zone and that the act is in direct view of students. This crime is a class A misdemeanor.
  • Section 230.05, Penal Code. Patronizing a Prostitute in the Second Degree. States that a person is guilty of a class E felony if they, being over the age of eighteen, patronize a prostitute who is less than 15 years old.
  • Section 230.06, Penal Code. Patronizing a Prostitute in the First Degree. States that a person is guilty of a class D felony if they patronize a prostitute who is under the age of 11, or being 18 or older, he/she patronizes a person for prostitution who is younger than 13.
  • Section 230.11, Penal Code. Aggravated Patronizing a Minor for Prostitution in the Third Degree. States that a person is guilty of of a class E felony if they patronize a minor for prostitution in the third degree, when being 21 or older, he/she patronizes a person for prostitution and the person patronized is less than 17 years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual conduct with the person patronized.
  • Section 230.12, Penal Code. Aggravated Patronizing a Minor for Prostitution in the Second Degree. States that a person is guilty of a class D felony if he/she, when 18 or older, patronizes a person for prostitution and the person patronized is less than 15 years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual conduct with the person patronized.
  • Section 230.13, Penal Code. Aggravated Patronizing a Minor for Prostitution in the First Degree. States that a person is guilty of a class B felony if he/she patronizes a person for prostitution and the person patronized is less than 11 years old, or if being 18 or older he/she patronizes a person for prostitution and the person patronized is less than 13 years old, and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual conduct with the person patronized.
  • Section 230.19. Penal Code. Promoting Prostitution in a School Zone. States that a person is guilty of a class E felony if he/she is 19 or older and knowingly advances or profits from prostitution that he/she knows or reasonably should know is in a school zone during school hours.
  • Section 230.20. Penal Code. Promoting Prostitution in the Fourth Degree. States that a person is guilty of a class A misdemeanor if he/she knowingly advances or profits from prostitution, or distributes obscene material to 10 or more people in a public place with the intent to advance or profit from prostitution.
  • Section 230.25, Penal Code. Promoting Prostitution in the Third Degree. States that anyone who knowingly advances profits from the prostitution of a person under the age of 19 is guilty of promoting prostitution in the third degree, a class D felony.
  • Section 230.30, Penal Code. Promoting Prostitution in the Second Degree. Defines the class C felony as advancing or profiting from the prostitution of a child under the age of 16, or advancing prostitution by compelling a person by force or intimidation to engage in prostitution, or profiting from such coercive prostitution.
  • Section 230.32, Penal Code. Promoting Prostitution in the First Degree. States that a person is guilty of promoting prostitution in the first degree if they knowingly advance or profit from the prostitution of a child under the age of 11, or being 21 or older knowingly advances or profits from prostitution of a person less than 15 years old. This is deemed to be a class B felony.
  • Section 230.33, Penal Code. Compelling Prostitution. This Section states that a person is guilty of this offense when, being 21 years of age or older, the offender knowingly advances prostitution by compelling a person under the age of 16 by force or intimidation to engage in prostitution. This is a class B felony.
  • Section 230.34, Penal Code. Sex Trafficking. States that a person is guilty of sex trafficking if he/she intentionally advances or profits from prostitution by any of the following means: (1) unlawfully providing drugs to a person who is patronized, with intent to impair said person’s judgment; (2) making material false statements, misstatements, or omissions to induce or maintain the person being patronized to engage in or continue to engage in prostitution activity; (3) withholding, destroying, or confiscating any actual or purported passport, immigration document, or any other actual or purported government identification document of another person with intent to impair said person’s freedom of movement; (4) requiring that prostitution be performed to retire, repay, or service a real or purported debt; (5) using force or engaging in any scheme, plan or pattern to compel or induce the person being patronized to engage in or continue to engage in prostitution activity by means of instilling a fear in the person being patronized that, if the demand is not complied with, the actor or another will cause physical injury or death, cause damage to property, engage in other conduct constituting a felony, or other actions listed in the provision. This is a class B felony.
  • Section 230.35, Penal Code. Promoting or Compelling Prostitution; Accomplice. In a prosecution for promoting promoting or compelling prostitution, a person under 18 years old from whose prostitution activity another person is alleged to have advanced, attempted to advance, profited or attempted to profit will not be deemed an accomplice.
  • Section 230.36, Penal Code. Sex Trafficking; Accomplice. In a prosecution for sex trafficking, a person from whose prostitution activity another person is alleged to have advanced, attempted to advance, profited or attempted to profit will not be deemed an accomplice.
  • Section 230.40, Penal Code. Permitting Prostitution. A person is guilty of a class B misdemeanor if he/she is in possession or control of premises or a vehicle which he/she knows are being used for prostitution or advancing prostitution, and fails to make a reasonable effort to halt or abate such use.
  • Section 235.00 Penal Code. Obscenity; Definition of Terms. Defines material or a performance as obscene if the average person, applying contemporary community standards, would find its predominant appeal to the prurient interest in sex, and it depicts or describes in an offensive manner sexual intercourse, a criminal sexual act, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of genitals, and lacks serious literary, artistic, political or scientific value.
  • Section 235.05, Penal Code. Obscenity in the Third Degree. States that a person is guilty of this class A misdemeanor if they promote or possess with intent to promote, any obscene material, or produce, present or direct an obscene performance or participate in a portion thereof.
  • Section 235.06, Penal Code. Obscenity in the Second Degree. This section states that anyone who commits the crime of obscenity in the third degree, having previously been convicted of that same offense, is guilty of obscenity in the second degree: a class E felony.
  • Section 235.07, Penal Code. Obscenity in the First Degree. Determines that anyone who, knowing its content and character, wholesale promotes or possesses with the intent to wholesale promote any obscene material is guilty of a class D felony.
  • Section 235.10, Penal Code. Obscenity; Presumptions. States that a person who promotes or wholesale promotes obscene material, or possesses such material with the intent to promote it is presumed to do so with knowledge of its content and character. The section also states that anyone who possesses six or more identical or similar obscene articles is presumed to possess these with the intent to promote them.
  • Section 235.20, Penal Code. Disseminating Indecent Material to Minors; Definition of Terms. Defines, among other things, a minor as a person under the age of seventeen. The term ‘access software’ is defined as software or enabling tool that does not create or provide the content of the communication, but allows a user to filter, screen, allow or disallow content; or pick, choose, analyze or digest content; or transmit, receive, display, forward, cache, search, subset, organize, reorganize or translate content.
  • Section 235.21, Penal Code. Disseminating Indecent Material to Minors in the Second Degree. This section states that anyone who, with knowledge of its character and content, sells or loans to a minor for payment: any picture, photograph, drawing, sculpture, book, pamphlet, magazine, printed matter, sound recording, movie or similar visual representation or image of a person or portion of the human body depicting nudity, sexual conduct or sadomasochistic abuse, and which is harmful to minors, or any is guilty of the offense of disseminating indecent material for minors in the second degree, a class E felony. The offense also includes exhibiting, selling admission tickets, or admitting to a movie, show or other representation which depicts nudity, sexual conduct or sadomasochistic abuse, any minor for a monetary consideration. The section also states that anyone who, knowing the character and content of the communication which depicts actual or simulated nudity, sexual conduct or sadomasochistic abuse, and which is harmful to minors, intentionally uses any computer communication system allowing the input, output, examination or transfer of computer data or computer programs from one computer to another, to initiate or engage in such communication with a minor, is guilty of the same offense. The offense is deemed to be a class E felony.
  • Section 235.22, Penal Code. Disseminating Indecent Material to Minors in the First Degree. States that it is an offense to intentionally use any computer communication system allowing the input, output, examination or transfer of computer data or computer programs from one computer to another, to initiate or engage in communication which depicts or describes sexual conduct or sadomasochistic abuse, and which is harmful to minors, with a minor. This is deemed a class D felony. The offense also includes importuning, inviting or inducing a minor to engage in sexual intercourse, oral or anal sexual conduct, or sexual contact with him, or to engage in a sexual performance, obscene sexual performance or sexual conduct for the offender’s benefit.
  • Section 240.30, Penal Code. Aggravated Harassment in the Second Degree. States that a person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, they either communicate with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or cause such a communication to be initiated by mechanical or electronic means or otherwise with a person. This is deemed to be a class A misdemeanor.
  • Section 240.31, Penal Code. Aggravated Harassment in the First Degree. States that a person is guilty of a class E felony if (among other definitions) they have previously been convicted of the crime of aggravated harassment in the second degree.
  • Section 263.00, Penal Code. Sexual Performance by a Child; Definitions. Defines, among other things, ‘to promote’ as to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same. An obscene sexual performance is defined as any performance which includes sexual conduct by a child under the age of sixteen (for the purpose of section 263.11) or under the age of seventeen (for the purpose of section 263.10). A performance is considered to be any play, motion picture, photograph or dance.
  • Section 263.05, Penal Code. Use of a Child in a Sexual Performance. States that a person is guilty of this offense, deemed a class C felony, if they employ, authorize or induce a child under the age of seventeen to engage in a sexual performance.
  • Section 263.10, Penal Code. Promoting an Obscene Sexual Performance by a Child. Defines the offense of producing, directing or promoting any obscene performance which includes sexual conduct by a child under the age of seventeen. This is a class D felony.
  • Section 263.11, Penal Code. Possessing an Obscene Sexual Performance by a Child. States that anyone who knowingly possesses or has in his control any obscene performance which includes sexual conduct by a child under the age of sixteen is guilty of a class E felony.
  • Section 263.15, Penal Code. Promoting a Sexual Performance by a Child. This Section states that anyone who produces, directs or promotes any performance which includes sexual conduct by a child under the age of seventeen is guilty of a class D felony.
  • Section 263.16, Penal Code. Possessing a Sexual Performance by a Child. States that anyone who knowingly possesses or has in his control any performance which includes sexual conduct by a child under the age of sixteen is guilty of a class E felony.