LBD07789-02-7 S. 2652--A 2 subdivision shall be construed as restricting any other lawful condition of supervision that may be imposed on such sentenced offender. As used in this subdivision, a "commercial social networking website" shall mean any business, organization or other entity operating a website that permits persons under eighteen years of age to be registered users for the purpose of establishing personal relationships with other users, where such persons under eighteen years of age may: (i) create web pages or profiles that provide information about themselves where such web pages or profiles are available to the public or to other users; (ii) engage in direct or real time communication with other users, such as a chat room or instant messenger; and (iii) communicate with persons over eighteen years of age; provided, however, that, for purposes of this subdivision, a commercial social networking website shall not include a website that permits users to engage in such other activities as are not enumerated herein. AS USED IN THIS SUBDIVISION, "AUGMENTED REALITY GAME" MEANS 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. § 2. Paragraph (b) of subdivision 4-a of section 65.10 of the penal law, as added by chapter 67 of the laws of 2008, is amended to read as follows: (b) When imposing a sentence of probation or conditional discharge upon a person convicted of an offense for which registration as a sex offender is required pursuant to subdivision two or three of section one hundred sixty-eight-a of the correction law, and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law or the internet was used to facilitate the commission of the crime, the court shall require, as mandatory conditions of such sentence, that such sentenced offender be prohibited from using the internet to access pornographic material, access a commercial social networking website[,] OR AUGMENTED REALITY GAME, communicate with other individuals or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and communicate with a person under the age of eighteen when such offender is over the age of eighteen, provided that the court may permit an offender to use the internet to communicate with a person under the age of eighteen when such offender is the parent of a minor child and is not otherwise prohibited from communicating with such child. Nothing in this subdivision shall be construed as restricting any other lawful condition of supervision that may be imposed on such sentenced offender. As used in this subdivision, a "commercial social networking website" shall mean any business, organization or other enti- ty operating a website that permits persons under eighteen years of age to be registered users for the purpose of establishing personal relationships with other users, where such persons under eighteen years of age may: (i) create web pages or profiles that provide information about themselves where such web pages or profiles are available to the public or to other users; (ii) engage in direct or real time communi- cation with other users, such as a chat room or instant messenger; and (iii) communicate with persons over eighteen years of age; provided, however, that, for purposes of this subdivision, a commercial social networking website shall not include a website that permits users to S. 2652--A 3 engage in such other activities as are not enumerated herein. AS USED IN THIS SUBDIVISION, "AUGMENTED REALITY GAME" MEANS A DIGITAL APPLICA- TION 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. § 3. This act shall take effect on the sixtieth day after it shall have become a law.