|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 10, 2014||referred to codes|
delivered to assembly
|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|
senate Bill S2366
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2366 - Details
S2366 - 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 - Sponsor Memo
BILL NUMBER:S2366 TITLE OF BILL: 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 PURPOSE: This anti-cyberbullying legislation will: create a new penal law definition of "electronic communication"; a stalking in the third degree offense when a person intentionally engages in a course of conduct using electronic communication directed at a child under the age of 21, causing reasonable fear of or actual harm to the child; and an aggravated harassment in the second degree offense for electronic communication transmitted with the intent to harass, annoy, threaten at alarm another person. SUMMARY OF PROVISIONS: Section 1. Amends section 120.40 of the penal law by adding a new subdivision 6 that defines "electronic communication" 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 communications through the internet.
S2366 - 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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