Assembly Bill A4895

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

                                  4895

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced by M. of A. LAVINE, THIELE, LINARES, SCHIMEL, GUNTHER, McENE-
  NY,  GIGLIO,  MOLINARO, RAIA, CALHOUN, GABRYSZAK -- Multi-Sponsored by
  -- M. of A. ABBATE, CERETTO, CROUCH, DUPREY -- read once and  referred
  to the Committee on Codes

AN  ACT to amend the penal law, in relation to establishing the offenses
  of cyber assault in the first degree,  cyber  assault  in  the  second
  degree,  cyber  impersonation in the first degree and cyber impersona-
  tion in the second degree

  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 two new sections 120.27
and 120.28 to read as follows:
S 120.27 CYBER ASSAULT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CYBER ASSAULT IN THE FIRST DEGREE WHEN HE OR SHE
COMMITS THE CRIME OF CYBER ASSAULT IN THE SECOND DEGREE  AS  DEFINED  BY
SECTION 120.28 OF THIS ARTICLE AND SUCH PERSON:
  1. IS OVER NINETEEN YEARS OF AGE; OR
  2.  HAS  PREVIOUSLY BEEN CONVICTED OF VIOLATING SECTION 120.28 OF THIS
ARTICLE.
  CYBER ASSAULT IN THE FIRST DEGREE IS A CLASS D FELONY.
S 120.28 CYBER ASSAULT IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CYBER ASSAULT IN THE SECOND DEGREE WHEN HE OR
SHE TRANSMITS ANY COMMUNICATION, WITH THE INTENT TO COERCE,  INTIMIDATE,
HARASS, ANNOY, ALARM OR CAUSE EMOTIONAL DISTRESS, TO ANOTHER USING ELEC-
TRONIC  MEANS TO SUPPORT SEVERE, REPEATED AND HOSTILE BEHAVIOR, AND SUCH
PERSON IS UNDER NINETEEN YEARS OF AGE.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM
  A. "COMMUNICATION" SHALL MEAN THE ELECTRONIC TRANSMISSION, BETWEEN  OR
AMONG  POINTS SPECIFIED BY THE USER, OR INFORMATION OF THE USER'S CHOOS-
ING, WITHOUT CHANGE IN THE FORM OR CONTENT OF THE  INFORMATION  AS  SENT
AND RECEIVED; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08671-01-1
              

A. 4895                             2

  B. "ELECTRONIC MEANS" SHALL MEAN ANY EQUIPMENT DEPENDENT ON ELECTRONIC
POWER  TO  ACCESS  AN INFORMATION SERVICE, INCLUDING, BUT NOT LIMITED TO
E-MAIL,  INSTANT  MESSAGING,  BLOGS,  WEBSITES,  TELEPHONES   AND   TEXT
MESSAGES.
  CYBER ASSAULT IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
  S  2.  The  penal law is amended by adding two new sections 190.28 and
190.29 to read as follows:
S 190.28 CYBER IMPERSONATION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CYBER IMPERSONATION IN THE FIRST DEGREE WHEN  HE
OR SHE:
  1.  IS OVER NINETEEN YEARS OF AGE, AND
  2. KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF ANOTH-
ER PERSON, AND
  3. COMMITS THE CRIME OF CYBER ASSAULT AS DEFINED IN SECTIONS 120.27 OR
120.28 OF THIS PART OR COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS
AN ACCESSORY TO THE COMMISSION OF A FELONY.
  CYBER IMPERSONATION IN THE SECOND DEGREE IS A CLASS D FELONY.
S 190.29 CYBER IMPERSONATION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CYBER IMPERSONATION IN THE SECOND DEGREE WHEN HE
OR SHE:
  1. IS UNDER NINETEEN YEARS OF AGE, AND
  2. KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF ANOTH-
ER PERSON, AND
  3. COMMITS THE CRIME OF CYBER ASSAULT AS DEFINED IN SECTIONS 120.27 OR
120.28 OF THIS PART OR COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS
AN ACCESSORY TO THE COMMISSION OF A FELONY.
  CYBER IMPERSONATION 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.