Bill Text: NY A04210 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes crimes for the use of electronic communication in the furtherance of crimes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A04210 Detail]

Download: New_York-2013-A04210-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4210
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced by M. of A. CAMARA -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend the penal law, in relation to establishing crimes for
         the use of electronic communications
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  penal  law  is  amended by adding three new sections
    2  156.40, 156.41, and 156.42 to read as follows:
    3  S 156.40 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE.
    4    A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE
    5  THIRD  DEGREE WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ELEC-
    6  TRONIC COMMUNICATION TO:
    7    1. COMMIT, FURTHER FACILITATE OR PROMOTE CONDUCT CONSTITUTING A CRIME;
    8    2. CONCEAL THE COMMISSION OF ANY CRIME; OR
    9    3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS  COMMITTED  ANY
   10  CRIME.
   11    CRIMINAL  USE  OF  ELECTRONIC  COMMUNICATION  IN THE THIRD DEGREE IS A
   12  CLASS A MISDEMEANOR.
   13  S 150.41 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE.
   14    A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE
   15  SECOND  DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF ELEC-
   16  TRONIC COMMUNICATION IN THE THIRD DEGREE AND HE OR SHE:
   17    1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO  COMMIT  OR  FURTHER
   18  THE COMMISSION OF A FELONY;
   19    2. DOES SO WITH THE INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
   20    3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
   21  COMMITTED ANY FELONY;
   22    4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
   23    CRIMINAL  USE  OF  ELECTRONIC  COMMUNICATION IN THE SECOND DEGREE IS A
   24  CLASS E FELONY.
   25  S 156.42 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE FIRST DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06041-01-3
       A. 4210                             2
    1    A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE
    2  FIRST  DEGREE  WHEN  HE  OR  SHE, WITH INTENT TO LURE, ENTICE, PERSUADE,
    3  CONVINCE, HARASS, ANNOY, THREATEN OR ALARM ANOTHER PERSON, BY  MEANS  OF
    4  THE  USE  OF ELECTRONIC COMMUNICATION CAUSE A COMMUNICATION TO BE INITI-
    5  ATED  PURPORTING  TO SOLICIT THE COMMISSION OR ATTEMPTED COMMISSION OF A
    6  VIOLENT FELONY, AS DEFINED IN SECTION 70.02 OF THIS CHAPTER.
    7    CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE  FIRST  DEGREE  IS  A
    8  CLASS D FELONY.
    9    S 2. Section 156.00 of the penal law is amended by adding a new subdi-
   10  vision 10 to read as follows:
   11    10.  "ELECTRONIC  COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER OF SIGNS,
   12  SIGNALS, WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE  OF  ANY  NATURE
   13  TRANSMITTED  IN  WHOLE  OR  IN PART BY THE INTERNET AND PERSONAL DIGITAL
   14  ASSISTANCE, SUCH AS A BLACKBERRY OR OTHER DEVICE.
   15    S 3. This act shall take effect on the ninetieth day  after  it  shall
   16  have become a law.