assembly Bill A8978A

2011-2012 Legislative Session

Establishes offense for the electronic stalking of minors

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 print number 8978a
Jun 05, 2012 amend and recommit to codes
Jan 10, 2012 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A8978 - Details

See Senate Version of this Bill:
S6132
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.40, 120.50, 190.25, 190.26, 240.00 & 240.30, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4171, S2366
2015-2016: A4168, S2308
2017-2018: S1954
2019-2020: S247
2021-2022: S5089

A8978 - 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.

A8978 - Bill Text download pdf

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

                                  8978

                          I N  A S S E M B L Y

                            January 10, 2012
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH -- read once and referred 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
CONDUCT  DIRECTED  AT  A  CHILD  UNDER  THE AGE OF TWENTY-ONE YEARS EVEN
THOUGH SUCH COMMUNICATION WAS NOT RECEIVED BY SUCH A CHILD.
  S 3. Paragraph (b) of subdivision  3  and  subdivision  4  of  section
190.25  of  the  penal law, paragraph (b) of subdivision 3 as amended by
chapter 27 of the laws of 1980 and subdivision 4 as added by chapter 304

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A8978A (ACTIVE) - Details

See Senate Version of this Bill:
S6132
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.40, 120.50, 190.25, 190.26, 240.00 & 240.30, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4171, S2366
2015-2016: A4168, S2308
2017-2018: S1954
2019-2020: S247
2021-2022: S5089

A8978A (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.

A8978A (ACTIVE) - Bill Text download pdf

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

                                 8978--A

                          I N  A S S E M B L Y

                            January 10, 2012
                               ___________

Introduced  by  M.  of A. SCARBOROUGH, P. RIVERA, SIMANOWITZ, M. MILLER,
  COLTON, GIBSON, ORTIZ, CRESPO, GUNTHER, CASTRO, JAFFEE, TITONE,  COOK,
  ENGLEBRIGHT,  SCHIMMINGER,  LINARES,  ROBERTS,  RODRIGUEZ,  WEPRIN  --
  Multi-Sponsored by -- M. of  A.  ABBATE,  BOYLAND,  BURLING,  CERETTO,
  CORWIN, CROUCH, FINCH, GALEF, GIGLIO, JOHNS, LOSQUADRO, MARKEY, McENE-
  NY,  MONTESANO, MURRAY, RAIA, REILLY, TOBACCO, WALTER -- read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08402-12-2