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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 Senate Committee Codes Committee

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Bill Amendments

2011-S471 - Details

See Assembly Version of this Bill:
A1205
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.30, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2397, A2801
2013-2014: S5306, A1738

2011-S471 - Summary

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

2011-S471 - Sponsor Memo

2011-S471 - Bill Text download pdf

                            
                    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
              

2011-S471A (ACTIVE) - Details

See Assembly Version of this Bill:
A1205
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.30, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2397, A2801
2013-2014: S5306, A1738

2011-S471A (ACTIVE) - Summary

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

2011-S471A (ACTIVE) - Sponsor Memo

2011-S471A (ACTIVE) - Bill 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.
              

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