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.