S T A T E   O F   N E W   Y O R K
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                                  2801

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. KOLB, FINCH, OAKS, ERRIGO, HAWLEY, WALKER, McKEV-
  ITT, QUINN, ORTIZ -- Multi-Sponsored by -- M. of A. AMEDORE, BACALLES,
  BALL,  BARCLAY,  CONTE,  CROUCH,  GIGLIO,  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:

  Section  1. Section 240.00 of the penal law is amended by adding a new
subdivision 7 to read as follows:
  7. "COMPUTER NETWORK" MEANS (A) A SET OF RELATED DEVICES CONNECTED  TO
A  COMPUTER  COMMUNICATIONS  FACILITY,  OR  (B) A COMPLEX OF TWO OR MORE
COMPUTERS, INCLUDING RELATED DEVICES, CONNECTED BY COMMUNICATED  FACILI-
TIES.
  S 2. Section 240.30 of the penal law, as amended by chapter 510 of the
laws of 2008, is amended to read as follows:
S 240.30 Aggravated harassment in the second degree.
  A person is guilty of aggravated harassment in the second degree when,
with  intent  to  harass, annoy, threaten or alarm another person, he or
she:
  1. Either (a) communicates with a person, anonymously or otherwise, by
telephone, by telegraph, or by mail, or by  transmitting  or  delivering
any  other  form  of  written communication, in a manner likely to cause
annoyance or alarm; or
  (b) causes a communication to be initiated by mechanical or electronic
means OR COMPUTER NETWORK or otherwise with  a  person,  anonymously  or
otherwise, by telephone, by telegraph, or by mail, or by transmitting or
delivering  any  other form of written communication, in a manner likely
to cause annoyance or alarm; or
  2. Makes a telephone call, whether or not a conversation ensues,  with
no purpose of legitimate communication; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03451-01-9
              

A. 2801                             2

  3.  Strikes,  shoves,  kicks,  or otherwise subjects another person to
physical contact, or attempts or threatens to do the same because  of  a
belief  or  perception  regarding  such  person's  race, color, national
origin, ancestry, gender, religion, religious practice, age,  disability
or sexual orientation, regardless of whether the belief or perception is
correct; or
  4.  Commits the crime of harassment in the first degree and has previ-
ously been convicted of the crime of harassment in the first  degree  as
defined  by  section  240.25  of  this  article within the preceding ten
years.
  5. For the purposes of subdivision one of this section, "form of writ-
ten communication" shall include, but not be limited to, a recording  as
defined in subdivision six of section 275.00 of this part.
  Aggravated harassment in the second degree is a class A misdemeanor.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.