senate Bill S471A

2011-2012 Legislative Session

Adds communication by means of a "computer network" to aggravated harassment in the second degree

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2012 print number 471a
amend and recommit to codes
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S471 - Bill Details

See Assembly Version of this Bill:
A1205A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §240.30, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2397, A2801

S471 - Bill Texts

view summary

Adds communication by means of a computer network to aggravated harassment in the second degree.

view sponsor memo
BILL NUMBER:S471

TITLE OF BILL:
An act
to amend the penal law, in relation to adding by means of computer
network to the crime of aggravated
harassment in the second degree

PURPOSE:
Creates the crime of harassment by electronic mail or
computer network.

SUMMARY OF PROVISIONS:
Section 1 amends section 240.00 of penal law by
adding a new subdivision defining computer network.

Section 2 adds computer network to aggregated harassment in the second
degree.

JUSTIFICATION:
One in 17 kids ages 10 to 17 had been threatened or
harassed online, and about one-third of those found the incidents
extremely distressing, according to a 2000 study by the University of
New Hampshire's Crimes, Against Children Research Center. In a recent
case, a young teenager's life at school was anything but pleasant; he
was teased, taunted and punched for years. But the final blow was the
humiliation he suffered every time he logged onto the internet.
Someone had set up an abusive website about him that made his life
unbearable.
The creator of the website asked other students to join in, posting
lewd, sexual comments smearing this student's reputation. This
activity took place for several months before the student was ever
aware of the existence of the site. Advancing technology creates new
avenues for individuals to harass, torment and threaten others. By
creating the crime of harassment by electronic mail or computer
network, law enforcement authorities will be equipped with the proper
tools necessary to help reduce the occurrence of such crimes.

LEGISLATIVE HISTORY:
S.6699 of 2005/2006
S.703 of 2007/2008
S.2397 of 2009/2010

FISCAL IMPLICATIONS:
Not applicable.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                   471

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 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.
                                                           LBD00461-01-1

S. 471                              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.

S471A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1205A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §240.30, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2397, A2801

S471A (ACTIVE) - Bill Texts

view summary

Adds communication by means of a computer network to aggravated harassment in the second degree.

view sponsor memo
BILL NUMBER:S471A

TITLE OF BILL:
An act
to amend the penal law, in relation to adding by means of computer
network to the crime of aggravated
harassment in the second degree

PURPOSE:
Creates the crime of harassment by electronic mail or computer network.

SUMMARY OF PROVISIONS:
Section 1 amends section 240.00 of penal law by adding a new
subdivision defining computer network.

Section 2 adds computer network to aggregated harassment in the second
degree.

JUSTIFICATION:
One in 17 kids ages 10 to 17 had been threatened or harassed online,
and about one-third of those found the incidents extremely
distressing, according to a 2000 study by the University of New
Hampshire's Crimes, Against Children Research Center. In a recent
case, a young teenager's life at school was anything but pleasant; he
was teased, taunted and punched for years. But the final blow was the
humiliation he suffered every time he logged onto the internet.
Someone had set up an abusive website about him that made his life
unbearable. The creator of the website asked other students to join
in, posting lewd, sexual comments smearing this student's reputation.
This activity took place for several months before the student was
ever aware of the existence of the site.
Advancing technology creates new avenues for individuals to harass,
torment and threaten others. By creating the crime of harassment by
electronic mail or computer network, law enforcement authorities will
be equipped with the proper tools necessary to help reduce the
occurrence of such crimes.

LEGISLATIVE HISTORY:
S.6699 of 2005/2006
S.703 of 2007/2008
S.2397 of 2009/2010

FISCAL IMPLICATIONS:
Not applicable.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 471--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 240.30 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,  AS  DEFINED IN SUBDIVISION SIX OF SECTION
156.00 OF THIS CHAPTER, 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
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00461-03-2

S. 471--A                           2

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 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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