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

                                  4210

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend the penal law, in relation to establishing crimes for
  the use of electronic communications

  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 three new sections
156.40, 156.41, and 156.42 to read as follows:
S 156.40 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE
THIRD  DEGREE WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ELEC-
TRONIC COMMUNICATION TO:
  1. COMMIT, FURTHER FACILITATE OR PROMOTE CONDUCT CONSTITUTING A CRIME;
  2. CONCEAL THE COMMISSION OF ANY CRIME; OR
  3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS  COMMITTED  ANY
CRIME.
  CRIMINAL  USE  OF  ELECTRONIC  COMMUNICATION  IN THE THIRD DEGREE IS A
CLASS A MISDEMEANOR.
S 150.41 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE
SECOND  DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF ELEC-
TRONIC COMMUNICATION IN THE THIRD DEGREE AND HE OR SHE:
  1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO  COMMIT  OR  FURTHER
THE COMMISSION OF A FELONY;
  2. DOES SO WITH THE INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
  3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
COMMITTED ANY FELONY;
  4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
  CRIMINAL  USE  OF  ELECTRONIC  COMMUNICATION IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 156.42 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06041-01-3
              

A. 4210                             2

  A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE
FIRST  DEGREE  WHEN  HE  OR  SHE, WITH INTENT TO LURE, ENTICE, PERSUADE,
CONVINCE, HARASS, ANNOY, THREATEN OR ALARM ANOTHER PERSON, BY  MEANS  OF
THE  USE  OF ELECTRONIC COMMUNICATION CAUSE A COMMUNICATION TO BE INITI-
ATED  PURPORTING  TO SOLICIT THE COMMISSION OR ATTEMPTED COMMISSION OF A
VIOLENT FELONY, AS DEFINED IN SECTION 70.02 OF THIS CHAPTER.
  CRIMINAL USE OF ELECTRONIC COMMUNICATION IN  THE  FIRST  DEGREE  IS  A
CLASS D FELONY.
  S 2. Section 156.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  10.  "ELECTRONIC  COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER OF SIGNS,
SIGNALS, WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE  OF  ANY  NATURE
TRANSMITTED  IN  WHOLE  OR  IN PART BY THE INTERNET AND PERSONAL DIGITAL
ASSISTANCE, SUCH AS A BLACKBERRY OR OTHER DEVICE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.