senate Bill S6132A

2011-2012 Legislative Session

Establishes offense for the electronic stalking of minors

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Sponsored By

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

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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
amend and recommit to codes
Jan 04, 2012 referred to codes

Co-Sponsors

view additional co-sponsors

S6132 - Details

See Assembly Version of this Bill:
A8978A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§120.40, 120.50, 190.25, 190.26, 240.00 & 240.30, Pen L

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

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

view additional co-sponsors

S6132A (ACTIVE) - Details

See Assembly Version of this Bill:
A8978A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§120.40, 120.50, 190.25, 190.26, 240.00 & 240.30, Pen L

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

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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