Bill Text: NY S02308 | 2015-2016 | General Assembly | Amended

New York Senate Bill 2308 (Prior Session Legislation)

Bill Title: Establishes offense for the electronic stalking of minors within the class A misdemeanor of stalking in the third degree.

Spectrum: Slight Partisan Bill (Democrat 12-7)

Status: (Engrossed - Dead) 2016-05-03 - referred to codes [S02308 Detail]

Download: New_York-2015-S02308-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          2308
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 22, 2015
                                       ___________
        Introduced  by  Sens.  KLEIN, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
          ESPAILLAT, GALLIVAN, GOLDEN, HANNON, KENNEDY, LARKIN, MARTINS, RANZEN-
          HOFER, SAVINO, STAVISKY, STEWART-COUSINS, VALESKY --  read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Codes
        AN ACT to amend the penal law, in relation to the electronic stalking of
          a minor and criminal impersonation by  means  of  electronic  communi-
          cations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 120.40 of the penal law is amended by adding a  new
     2  subdivision 6 to read as follows:
     3    6.  "Electronic  communication"  shall  mean  any  transfer  of signs,
     4  signals, writings, images, sounds, data or intelligence  of  any  nature
     5  transmitted  in  whole  or  in  part  by a wire, radio, electromagnetic,
     6  photo-electronic or  photo-optical  system.    Electronic  communication
     7  shall  include,  but  not  be  limited to, the transfer of such communi-
     8  cations through the internet.
     9    § 2. Subdivision 4 of section 120.50 of the penal  law,  as  added  by
    10  chapter  635  of the laws of 1999, is amended and a new subdivision 5 is
    11  added to read as follows:
    12    4. Commits the crime of stalking in the fourth degree and  has  previ-
    13  ously  been  convicted within the preceding ten years of stalking in the
    14  fourth degree[.]; or
    15    5. Intentionally, and for no legitimate purpose, engages in  a  course
    16  of  conduct using electronic communication directed at a child under the
    17  age of twenty-one years, and such conduct:
    18    (a) is likely to cause such child a reasonable fear of  material  harm
    19  to his or her physical health, safety or property; or
    20    (b) is likely to cause material harm to the physical health, emotional
    21  health, safety or property of such child.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08019-01-5