Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jun 20, 2012 | referred to codes delivered to assembly passed senate ordered to third reading cal.1380 committee discharged and committed to rules |
Jun 05, 2012 | print number 6132a |
Jun 05, 2012 | amend and recommit to codes |
Jan 04, 2012 | referred to codes |
senate Bill S6132A
Sponsored By
Jeffrey D. Klein
(D) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Votes
Bill Amendments
Co-Sponsors
David Carlucci
(D) 0 Senate District
Diane J. Savino
(D, IP) 0 Senate District
David J. Valesky
(D, IP) 0 Senate District
Eric Adams
(D, WF) 0 Senate District
S6132 - Details
- See Assembly Version of this Bill:
- A8978
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยงยง120.40, 120.50, 190.25, 190.26, 240.00 & 240.30, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: S2366, A4171
2015-2016: S2308, A4168
2017-2018: S1954
2019-2020: S247
2021-2022: S5089
S6132 - Summary
Establishes offense for the electronic stalking of minors within the class A misdemeanor of stalking in the third degree; establishes offenses of criminal impersonation by electronic means; includes harassment by electronic means within the class A misdemeanor of aggravated harassment in the second degree.
S6132 - Sponsor Memo
BILL NUMBER:S6132 TITLE OF BILL: An act to amend the penal law, in relation to the electronic stalking of a minor, criminal impersonation by means of electronic communications and aggravated harassment by means of electronic communication PURPOSE: This anti-cyberbullying legislation will: create a new penal law definition of "electronic communication"; a stalking in the third degree offense when a person intentionally engages in a course of conduct using electronic communication directed at a child under the age of 21, causing reasonable fear of or actual harm to the child; and an aggravated harassment in the second degree offense for electronic communication transmitted with the intent to harass, annoy, threaten or alarm another person. SUMMARY OF PROVISIONS: Section 1. Amends section 120.40 of the penal law by adding a new subdivision 6 that defines "electronic communication" any transfer of signs, signals, writings, images, sounds, data or intelligence of any
S6132 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6132 I N S E N A T E (PREFILED) January 4, 2012 ___________ Introduced by Sens. KLEIN, CARLUCCI, SAVINO, VALESKY -- 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 the electronic stalking of a minor, criminal impersonation by means of electronic communications and aggravated harassment by means of electronic communication THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.40 of the penal law is amended by adding a new subdivision 6 to read as follows: 6. "ELECTRONIC COMMUNICATION" SHALL MEAN ANY TRANSFER OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE TRANSMITTED IN WHOLE OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTO-ELECTRONIC OR PHOTO-OPTIONAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE TRANSFER OF SUCH COMMUNI- CATIONS THROUGH THE INTERNET. S 2. Subdivision 4 of section 120.50 of the penal law, as added by chapter 635 of the laws of 1999, is amended and a new subdivision 5 is added to read as follows: 4. Commits the crime of stalking in the fourth degree and has previ- ously been convicted within the preceding ten years of stalking in the fourth degree[.]; OR 5. INTENTIONALLY, AND FOR NO LEGITIMATE PURPOSE, ENGAGES IN A COURSE OF CONDUCT USING ELECTRONIC COMMUNICATION DIRECTED AT A CHILD UNDER THE AGE OF TWENTY-ONE YEARS, AND KNOWS OR REASONABLY SHOULD KNOW THAT SUCH CONDUCT: (A) CAUSES REASONABLE FEAR OF MATERIAL HARM TO THE PHYSICAL HEALTH, SAFETY OR PROPERTY OF SUCH CHILD; OR (B) CAUSES MATERIAL HARM TO THE PHYSICAL HEALTH, EMOTIONAL HEALTH, SAFETY OR PROPERTY OF SUCH CHILD. FOR THE PURPOSES OF THIS PARAGRAPH, A SINGLE ELECTRONIC COMMUNICATION TRANSMITTED TO MULTIPLE RECIPIENTS, MAY BE DEEMED TO BE A COURSE OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
David Carlucci
(D) 0 Senate District
Diane J. Savino
(D, IP) 0 Senate District
David J. Valesky
(D, IP) 0 Senate District
Eric Adams
(D, WF) 0 Senate District
S6132A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8978
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยงยง120.40, 120.50, 190.25, 190.26, 240.00 & 240.30, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: S2366, A4171
2015-2016: S2308, A4168
2017-2018: S1954
2019-2020: S247
2021-2022: S5089
S6132A (ACTIVE) - Summary
Establishes offense for the electronic stalking of minors within the class A misdemeanor of stalking in the third degree; establishes offenses of criminal impersonation by electronic means; includes harassment by electronic means within the class A misdemeanor of aggravated harassment in the second degree.
S6132A (ACTIVE) - Sponsor Memo
BILL NUMBER:S6132A TITLE OF BILL: An act to amend the penal law, in relation to the electronic stalking of a minor, criminal impersonation by means of electronic communications and aggravated harassment by means of electronic communication PURPOSE: This anti-cyberbullying legislation will: create a new penal law definition of "electronic communication"; a stalking in the third degree offense when a person intentionally engages in a course of conduct using electronic communication directed at a child under the age of 21, causing reasonable fear of or actual harm to the child; and an aggravated harassment in the second degree offense for electronic communication transmitted with the intent to harass, annoy, threaten or alarm another person. SUMMARY OF PROVISIONS: Section 1. Amends section 120.40 of the penal law by adding a new subdivision 6 that defines "electronic communication" any transfer of signs, signals, writings, images, sounds, data or intelligence of any
S6132A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6132--A I N S E N A T E (PREFILED) January 4, 2012 ___________ Introduced by Sens. KLEIN, CARLUCCI, SAVINO, VALESKY, ADAMS, ADDABBO, ALESI, AVELLA, BRESLIN, ESPAILLAT, GOLDEN, GRISANTI, HUNTLEY, KENNEDY, MARTINS, RANZENHOFER, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to the electronic stalking of a minor, criminal impersonation by means of electronic communications and aggravated harassment by means of electronic communication THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.40 of the penal law is amended by adding a new subdivision 6 to read as follows: 6. "ELECTRONIC COMMUNICATION" SHALL MEAN ANY TRANSFER OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE TRANSMITTED IN WHOLE OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTO-ELECTRONIC OR PHOTO-OPTIONAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE TRANSFER OF SUCH COMMUNI- CATIONS THROUGH THE INTERNET. S 2. Subdivision 4 of section 120.50 of the penal law, as added by chapter 635 of the laws of 1999, is amended and a new subdivision 5 is added to read as follows: 4. Commits the crime of stalking in the fourth degree and has previ- ously been convicted within the preceding ten years of stalking in the fourth degree[.]; OR 5. INTENTIONALLY, AND FOR NO LEGITIMATE PURPOSE, ENGAGES IN A COURSE OF CONDUCT USING ELECTRONIC COMMUNICATION DIRECTED AT A CHILD UNDER THE AGE OF TWENTY-ONE YEARS, AND SUCH CONDUCT: (A) IS LIKELY TO CAUSE SUCH CHILD A REASONABLE FEAR OF MATERIAL HARM TO HIS OR HER PHYSICAL HEALTH, SAFETY OR PROPERTY; OR (B) IS LIKELY TO CAUSE MATERIAL HARM TO THE PHYSICAL HEALTH, EMOTIONAL HEALTH, SAFETY OR PROPERTY OF SUCH CHILD. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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