S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1990
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. BRAUN-
   STEIN -- read once and referred to the Committee on Correction
 
 AN  ACT to amend the correction law, in relation to prohibiting a person
   required to register under the  sex  offender  registration  act  from
   possessing an online gamer account

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168-w of the correction law, as relettered by chap-
 ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
 section 168-w is added to read as follows:
   § 168-W. PROHIBITION OF ONLINE GAMER ACCOUNTS. 1. FOR PURPOSES OF THIS
 SECTION  AN  "ONLINE  GAMER ACCOUNT" MEANS A USER NAME OR OTHER NAME, OR
 IDENTIFYING DATA THAT ALLOWS SUCH INDIVIDUAL OR USER  TO  ENGAGE,  SPEC-
 TATE,  MESSAGE,  COMMUNICATE,  PARTICIPATE,  OR  PLAY  ON  THE INTERNET,
 CONSOLE, GAMING SYSTEM, AND/OR NETWORK, IN WHICH OTHER  INDIVIDUALS  CAN
 ENGAGE  IN THE SAME GAME, GAMES, ACTIVITIES, OR MULTIPLAYER FEATURES. AN
 "ONLINE GAMER ACCOUNT" INCLUDES, BUT IS NOT LIMITED TO, A CONSOLE GAMING
 ACCOUNT, COMPUTER GAMING ACCOUNT, USER TAG,  USER  ACCOUNT,  USER  NAME,
 NETWORK  ACCOUNT,  X-BOX  GAMER  TAG, PLAYSTATION NETWORK NAME, NINTENDO
 NETWORK ID, ONLINE MULTIPLAYER USER  NAME,  ONLINE  MULTIPLAYER  PLAYING
 ACCOUNT,  UNIQUE  USER  NAME,  OR ANY OTHER PROFILE AND/OR NAMED ACCOUNT
 THAT ALLOWS SUCH INDIVIDUAL OR USER TO ENGAGE, SPECTATE, MESSAGE, COMMU-
 NICATE, PARTICIPATE, OR PLAY ON THE INTERNET,  CONSOLE,  GAMING  SYSTEM,
 AND/OR  NETWORK, IN WHICH OTHER INDIVIDUALS CAN ENGAGE IN THE SAME GAME,
 GAMES, ACTIVITIES, OR MULTIPLAYER FEATURES.
   2. A. NO PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER  THIS  ARTICLE
 SHALL  BE  PERMITTED  TO  HAVE  AN ONLINE GAMER ACCOUNT THAT ALLOWS SUCH
 PERSON TO ENGAGE IN THE WATCHING, PARTICIPATION, COMMUNICATION,  MESSAG-
 ING,  TALKING,  AND/OR  PLAYING  OF  ANY TYPE OF GAME OVER THE INTERNET,
 CONSOLE, PLATFORM, SYSTEM, ONLINE MULTIPLAYER FEATURE, OR ANY OTHER TYPE
 OF DEVICE, IN WHICH MINORS ALSO HAVE ACCESS TO AN ONLINE GAMER ACCOUNT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05673-01-1

 A. 1990                             2
 
   B. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
 CURRENTLY HAS SUCH ONLINE GAMER  ACCOUNT  SHALL  DELETE,  REMOVE  AND/OR
 CANCEL  SUCH  ONLINE GAMER ACCOUNT WITHIN SEVEN DAYS AFTER THE EFFECTIVE
 DATE OF THIS SECTION. SUCH PERSON SHALL REPORT  SUCH  ACCOUNT,  AND  THE
 ACCOUNT'S  DELETION,  TO THE DIVISION WITHIN SEVEN DAYS AFTER THE EFFEC-
 TIVE DATE OF THIS SECTION.
   3. A. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS  ARTICLE
 WHO FAILS TO REPORT SUCH ONLINE GAMER ACCOUNT TO THE DIVISION SEVEN DAYS
 AFTER  THE  EFFECTIVE  DATE OF THIS SECTION SHALL BE GUILTY OF A CLASS A
 MISDEMEANOR.
   B. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
 CURRENTLY HAS SUCH ONLINE GAMER ACCOUNT AT THE  TIME  OF  THE  EFFECTIVE
 DATE OF THIS SECTION, AND WHO FAILS TO DELETE, REMOVE AND/OR CANCEL SUCH
 ONLINE  GAMER ACCOUNT WITHIN SEVEN DAYS AFTER THE EFFECTIVE DATE OF THIS
 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   C. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
 CREATES AN ONLINE GAMER ACCOUNT AFTER THE EFFECTIVE DATE OF THIS SECTION
 SHALL BE GUILTY OF A CLASS A MISDEMEANOR. UPON THE SECOND VIOLATION, AND
 EACH SUBSEQUENT VIOLATION, OF THIS  SUBDIVISION  SUCH  PERSON  SHALL  BE
 GUILTY OF A CLASS E FELONY.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.