Assembly Bill A2558

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

                                  2558

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M.  of  A.  LAVINE, THIELE, SCHIMEL, GUNTHER, GABRYSZAK,
  GALEF, ROBERTS, JAFFEE, SWEENEY,  GIBSON,  MILLER,  BENEDETTO,  TITUS,
  WEPRIN,  GIGLIO, RAIA -- Multi-Sponsored by -- M. of A. ABBATE, CERET-
  TO, DUPREY, FINCH, LUPARDO, McKEVITT, MONTESANO, RA, SALADINO,  SCHIM-
  MINGER,  SIMANOWITZ, TITONE -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to establishing the  offenses
  of  cyber  assault  in  the  first degree, cyber assault in the second
  degree, cyber impersonation in the first degree and  cyber  impersona-
  tion in the second degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding two new sections  120.27
and 120.28 to read as follows:
S 120.27 CYBER ASSAULT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CYBER ASSAULT IN THE FIRST DEGREE WHEN HE OR SHE
COMMITS  THE  CRIME  OF CYBER ASSAULT IN THE SECOND DEGREE AS DEFINED BY
SECTION 120.28 OF THIS ARTICLE AND SUCH PERSON:
  1. IS OVER NINETEEN YEARS OF AGE; OR
  2. HAS PREVIOUSLY BEEN CONVICTED OF VIOLATING SECTION 120.28  OF  THIS
ARTICLE.
  CYBER ASSAULT IN THE FIRST DEGREE IS A CLASS D FELONY.
S 120.28 CYBER ASSAULT IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CYBER ASSAULT IN THE SECOND DEGREE WHEN HE OR
SHE  TRANSMITS ANY COMMUNICATION, WITH THE INTENT TO COERCE, INTIMIDATE,
HARASS, ANNOY, ALARM OR CAUSE EMOTIONAL DISTRESS, TO ANOTHER USING ELEC-
TRONIC MEANS TO SUPPORT SEVERE, REPEATED AND HOSTILE BEHAVIOR, AND  SUCH
PERSON IS UNDER NINETEEN YEARS OF AGE.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM
  A.  "COMMUNICATION" SHALL MEAN THE ELECTRONIC TRANSMISSION, BETWEEN OR
AMONG POINTS SPECIFIED BY THE USER, OR INFORMATION OF THE USER'S  CHOOS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06294-01-3
              

A. 2558                             2

ING,  WITHOUT  CHANGE  IN THE FORM OR CONTENT OF THE INFORMATION AS SENT
AND RECEIVED; AND
  B. "ELECTRONIC MEANS" SHALL MEAN ANY EQUIPMENT DEPENDENT ON ELECTRONIC
POWER  TO  ACCESS  AN INFORMATION SERVICE, INCLUDING, BUT NOT LIMITED TO
E-MAIL,  INSTANT  MESSAGING,  BLOGS,  WEBSITES,  TELEPHONES   AND   TEXT
MESSAGES.
  CYBER ASSAULT IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
  S  2.  The  penal law is amended by adding two new sections 190.28 and
190.29 to read as follows:
S 190.28 CYBER IMPERSONATION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CYBER IMPERSONATION IN THE FIRST DEGREE WHEN  HE
OR SHE:
  1.  IS OVER NINETEEN YEARS OF AGE, AND
  2. KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF ANOTH-
ER PERSON, AND
  3. COMMITS THE CRIME OF CYBER ASSAULT AS DEFINED IN SECTIONS 120.27 OR
120.28 OF THIS PART OR COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS
AN ACCESSORY TO THE COMMISSION OF A FELONY.
  CYBER IMPERSONATION IN THE FIRST DEGREE IS A CLASS D FELONY.
S 190.29 CYBER IMPERSONATION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CYBER IMPERSONATION IN THE SECOND DEGREE WHEN HE
OR SHE:
  1. IS UNDER NINETEEN YEARS OF AGE, AND
  2. KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF ANOTH-
ER PERSON, AND
  3. COMMITS THE CRIME OF CYBER ASSAULT AS DEFINED IN SECTIONS 120.27 OR
120.28 OF THIS PART OR COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS
AN ACCESSORY TO THE COMMISSION OF A FELONY.
  CYBER IMPERSONATION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.