Bill Text: NY A01205 | 2011-2012 | General Assembly | Introduced
Bill Title: Adds communication by means of a computer network to aggravated harassment in the second degree.
Spectrum: Strong Partisan Bill (Republican 13-1)
Status: (Introduced - Dead) 2012-05-22 - held for consideration in codes [A01205 Detail]
Download: New_York-2011-A01205-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1205
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. KOLB, FINCH, OAKS, HAWLEY, McKEVITT, ORTIZ, RAIA
-- Multi-Sponsored by -- M. of A. AMEDORE, BARCLAY, CONTE, CROUCH,
GIGLIO, JORDAN, MOLINARO -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to adding by means of comput-
er network to the crime of aggravated harassment in the second degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 240.00 of the penal law is amended by adding a new
2 subdivision 7 to read as follows:
3 7. "COMPUTER NETWORK" MEANS (A) A SET OF RELATED DEVICES CONNECTED TO
4 A COMPUTER COMMUNICATIONS FACILITY, OR (B) A COMPLEX OF TWO OR MORE
5 COMPUTERS, INCLUDING RELATED DEVICES, CONNECTED BY COMMUNICATED FACILI-
6 TIES.
7 S 2. Section 240.30 of the penal law, as amended by chapter 510 of the
8 laws of 2008, is amended to read as follows:
9 S 240.30 Aggravated harassment in the second degree.
10 A person is guilty of aggravated harassment in the second degree when,
11 with intent to harass, annoy, threaten or alarm another person, he or
12 she:
13 1. Either (a) communicates with a person, anonymously or otherwise, by
14 telephone, by telegraph, or by mail, or by transmitting or delivering
15 any other form of written communication, in a manner likely to cause
16 annoyance or alarm; or
17 (b) causes a communication to be initiated by mechanical or electronic
18 means OR COMPUTER NETWORK or otherwise with a person, anonymously or
19 otherwise, by telephone, by telegraph, or by mail, or by transmitting or
20 delivering any other form of written communication, in a manner likely
21 to cause annoyance or alarm; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00461-01-1
A. 1205 2
1 2. Makes a telephone call, whether or not a conversation ensues, with
2 no purpose of legitimate communication; or
3 3. Strikes, shoves, kicks, or otherwise subjects another person to
4 physical contact, or attempts or threatens to do the same because of a
5 belief or perception regarding such person's race, color, national
6 origin, ancestry, gender, religion, religious practice, age, disability
7 or sexual orientation, regardless of whether the belief or perception is
8 correct; or
9 4. Commits the crime of harassment in the first degree and has previ-
10 ously been convicted of the crime of harassment in the first degree as
11 defined by section 240.25 of this article within the preceding ten
12 years.
13 5. For the purposes of subdivision one of this section, "form of writ-
14 ten communication" shall include, but not be limited to, a recording as
15 defined in subdivision six of section 275.00 of this part.
16 Aggravated harassment in the second degree is a class A misdemeanor.
17 S 3. This act shall take effect on the first of November next succeed-
18 ing the date on which it shall have become a law.
