BILL NUMBER:A10513
TITLE OF BILL:
An act to amend the penal law, in relation to creating the crime of
aggravated harassment of a family member of a person in active military
service
PURPOSE OR GENERAL IDEA OF BILL:
Creates the crime of aggravated harassment of a family member of a
person in active military service.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The penal law is amended by adding a new section 240.33.
1. A person is guilty of aggravated harassment of a family member of a
person in active military service when, with intent to harass, annoy,
threaten or alarm another person, he or she either:
a) communicates with a person, who at the time of communication, has a
family member in active military service of the United States anonymous-
ly or otherwise, by telephone, or by telegraph, mail, or any other form
of written communication, in a manner likely to cause annoyance or alarm
and such communication relates to the military service of such person's
family member, or
b) causes a communication to be initiated by mechanical or electronic
S T A T E O F N E W Y O R K
________________________________________________________________________
10513
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. TEDISCO, McDONOUGH -- Multi-Sponsored by -- M. of
A. CONTE, HAWLEY, KOLB -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to creating the crime of
aggravated harassment of a family member of a person in active mili-
tary service
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 a new section 240.33 to
read as follows:
S 240.33 AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A PERSON IN ACTIVE
MILITARY SERVICE.
1. A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A
PERSON IN ACTIVE MILITARY SERVICE WHEN, WITH INTENT TO HARASS, ANNOY,
THREATEN OR ALARM ANOTHER PERSON, HE OR SHE EITHER:
(A) COMMUNICATES WITH A PERSON, WHO AT THE TIME OF THE COMMUNICATION
HAS A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES, AS
SUCH TERM IS DEFINED IN SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY OR
OTHERWISE, BY TELEPHONE, OR BY TELEGRAPH, MAIL OR ANY OTHER FORM OF
WRITTEN COMMUNICATION, IN A MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM
AND SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH PERSON'S
FAMILY MEMBER; OR
(B) CAUSES A COMMUNICATION TO BE INITIATED BY MECHANICAL OR ELECTRONIC
MEANS OR OTHERWISE WITH A PERSON, WHO AT THE TIME OF THE COMMUNICATION
HAS A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES, AS
SUCH TERM IS DEFINED IN SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY OR
OTHERWISE, BY TELEPHONE, OR BY TELEGRAPH, MAIL OR ANY OTHER FORM OF
WRITTEN COMMUNICATION, IN A MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM
AND SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH PERSON'S
FAMILY MEMBER.
2. FOR THE PURPOSES OF THIS SECTION, "FAMILY MEMBER" MEANS THE
HUSBAND, WIFE, SON, DAUGHTER, FATHER OR MOTHER OF A PERSON.
AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A PERSON IN ACTIVE MILI-
TARY SERVICE IS A CLASS E FELONY.
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.
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