senate Bill S2366

2013-2014 Legislative Session

Establishes offense for the electronic stalking of minors

download bill text pdf

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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to codes
delivered to assembly
passed senate
Jun 09, 2014 ordered to third reading cal.1202
committee discharged and committed to rules
Jan 08, 2014 referred to codes
Jan 16, 2013 referred to codes

Co-Sponsors

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S2366 (ACTIVE) - Details

See Assembly Version of this Bill:
A4171
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:
2011-2012: S6132, A8978
2015-2016: S2308, A4168
2017-2018: S1954
2019-2020: S247
2021-2022: S5089

S2366 (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.

S2366 (ACTIVE) - Sponsor Memo

S2366 (ACTIVE) - Bill Text download pdf

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

                                  2366

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, ADAMS, ADDABBO, AVELLA, BRESLIN, CARLUCCI,
  ESPAILLAT,  GALLIVAN,  GOLDEN,  GRISANTI,  HANNON,  KENNEDY,   LARKIN,
  MARTINS,  MAZIARZ,  RANZENHOFER,  SAVINO,  STAVISKY,  STEWART-COUSINS,
  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 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.
                                                           LBD02749-01-3

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