assembly Bill A4171

2013-2014 Legislative Session

Establishes offense for the electronic stalking of minors

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 01, 2013 referred to codes

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A4171 (ACTIVE) - Details

See Senate Version of this Bill:
S2366
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:
2011-2012: A8978, S6132
2015-2016: A4168, S2308
2017-2018: S1954
2019-2020: S247
2021-2022: S5089

A4171 (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.

A4171 (ACTIVE) - Bill Text download pdf

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

                                  4171

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by M. of A. SCARBOROUGH, SIMANOWITZ, MILLER, COLTON, GIBSON,
  ORTIZ, CRESPO, GUNTHER, CASTRO,  JAFFEE,  TITONE,  COOK,  ENGLEBRIGHT,
  SCHIMMINGER, ROBERTS, RODRIGUEZ, WEPRIN -- Multi-Sponsored by -- M. of
  A.  ABBATE,  BOYLAND,  CERETTO,  CORWIN, CROUCH, FINCH, GALEF, GIGLIO,
  JOHNS, LOSQUADRO, MARKEY, MONTESANO, RAIA, WALTER  --  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 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.
                                                           LBD02749-01-3