S T A T E O F N E W Y O R K
I N S E N A T E
January 22, 2014
Introduced by Sen. DILAN -- 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 expanding the definition
of "electronic communication"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 250.00 of the penal law, as
amended by chapter 744 of the laws of 1988, is amended to read as
5. "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature, INCLUDING
DATA REGARDING THE TIME, DURATION AND LOCATION OF ANY SUCH SIGNS,
SIGNALS, WRITING, IMAGES OR SOUNDS, transmitted in whole or in part by a
wire, radio, electromagnetic, photoelectronic or photo-optical system,
but does not include:
(a) any telephonic or telegraphic communication; or
(b) any communication made through a tone only paging device; or
(c) any communication made through a tracking device consisting of an
electronic or mechanical device which permits the tracking of the move-
ment of a person or object; or
(d) any communication that is disseminated by the sender through a
method of transmission that is configured so that such communication is
readily accessible to the general public.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.