Senate Bill S5402

2009-2010 Legislative Session

Establishes crimes for the use of electronic communication in the furtherance of crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S5402 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§156.40, 156.41 & 156.42, amd §156.00, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3707
2013-2014: S2200

2009-S5402 (ACTIVE) - Summary

Establishes crimes for the use of electronic communication in the furtherance of crimes.

2009-S5402 (ACTIVE) - Sponsor Memo

2009-S5402 (ACTIVE) - Bill Text download pdf

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

                                  5402

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 29, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  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:

  Section 1. The penal law is  amended  by  adding  three  new  sections
156.40, 156.41, and 156.42 to read as follows:
S 156.40. CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE
THIRD DEGREE WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE  ELEC-
TRONIC COMMUNICATION TO:
  1. COMMIT, FURTHER FACILITATE OR PROMOTE CONDUCT CONSTITUTING A CRIME;
  2. CONCEAL THE COMMISSION OF ANY CRIME; OR
  3.  CONCEAL  OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY
CRIME.
  CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE  THIRD  DEGREE  IS  A
CLASS A MISDEMEANOR.
S 150.41 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE
SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF  ELEC-
TRONIC COMMUNICATION IN THE THIRD DEGREE AND HE OR SHE:
  1.  DOES  SO  WITH AN INTENT TO COMMIT OR ATTEMPT TO COMMIT OR FURTHER
THE COMMISSION OF A FELONY;
  2. DOES SO WITH THE INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
  3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
COMMITTED ANY FELONY;
  4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
  CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE  SECOND  DEGREE  IS  A
CLASS E FELONY.
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.
                                                           LBD11604-01-9
              

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