New York bills target Pokemon Go, sex offenders

New York State Senator Jeffrey D. Klein (pictured) today introduced a pair of new bills targeted at sexual offenders who would use augmented reality games like Pokemon Go to interact with children.

If Senate Bill S8173 becomes law, the developers of any augmented reality game must ensure that no in-game objective be located at, or accessible within 100 feet of the residence of sex offenders determined to have a moderate or high risk of repeat offenses. The developer would also have to update the list of residences on a monthly basis. Anyone violating this prohibition would face a fine of up to $100 per day, per location not in compliance with the law.

While S8173 is aimed at developers, Senate Bill S8174 is directed toward the sex offenders themselves. The bill would ban sex offenders with moderate or high risk of repeat offenses from playing augmented reality games. It would also apply to those determined to have a low risk of repeat offenses if their crimes met certain criteria (such as if the internet was used to facilitate the crime in the first place). The prohibition would be a mandatory part of sentencing for those sex offenders, in the same way they are currently prohibited from accessing pornography online or using social networking sites that allow minors.

Both proposed laws define an "augmented reality game" as "a digital application or game, typically accessed on mobile devices, including but not limited to: smartphones; tablets; or augmented reality glasses; which causes users to physically move to and/or personally interact with locations outside the user's place of residence for the purpose of achieving goals or moving from place to place within the game."

Last week, Klein and Senator Diane Savino (a co-sponsor on both of the new bills) jointly released a report titled "Protecting Our Children: How Pokemon Go and Augmented Reality Games Expose Children to Sex Offenders." [Emphasis in original.] The pair sent investigators to the addresses of 100 registered sex offenders convicted of crimes related to children, and found Pokemon "directly in front of a sex offender's residence" at 57 of the addresses. 59 of the sex offender addresses had a Pokestop or a Pokegym within a half-block. In total, 73 of the registered sex offenders had Pokemon Go in-game items in close proximity.

The legislation comes on the heels of news earlier this week that New York Governor Andrew Cuomo had directed the state Department of Corrections and Community Supervision to forbid sex offenders "from downloading, accessing, or otherwise engaging in any Internet-enabled gaming activities" as a condition of parole.

When asked about the governor's ban, an Entertainment Software Association representative did not address it, but provided the following statement: "Pokemon Go is a fantastic entertainment experience sweeping not only the US, but played by tens of millions around the world. As with any other entertainment product or experience, we encourage parents to be involved with the game play of their family members, observe common sense precautions, and know with whom their children are interacting."

When asked about today's legislation, the representative said the trade group needed some time to review it.