S T A T E   O F   N E W   Y O R K
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                                  4168

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M. of A. SCARBOROUGH, SIMANOWITZ, MILLER, COLTON, ORTIZ,
  CRESPO,  GUNTHER,  JAFFEE,  TITONE,  COOK,  ENGLEBRIGHT,  SCHIMMINGER,
  ROBERTS,  RODRIGUEZ,  WEPRIN, GOLDFEDER -- Multi-Sponsored by -- M. of
  A. ABBATE, CERETTO, CORWIN,  CROUCH,  CURRAN,  FINCH,  GALEF,  GIGLIO,
  JOHNS,  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.
                                                           LBD08019-02-5

              

A. 4168                             2

  (B) IS LIKELY TO CAUSE MATERIAL HARM TO THE PHYSICAL HEALTH, EMOTIONAL
HEALTH, SAFETY OR PROPERTY OF SUCH CHILD.
  FOR  THE  PURPOSES  OF THIS SUBDIVISION, ANY ELECTRONIC COMMUNICATIONS
DIRECTED AT A CHILD UNDER THE AGE OF TWENTY-ONE YEARS AND TRANSMITTED TO
MULTIPLE RECIPIENTS NEED NOT BE RECEIVED  BY  THE  CHILD  AT  WHOM  SUCH
COMMUNICATIONS ARE DIRECTED.
  S  3.  Paragraph  (b)  of  subdivision  3 and subdivision 4 of section
190.25 of the penal law, paragraph (b) of subdivision 3  as  amended  by
chapter 27 of the laws of 1980 and subdivision 4 as added by chapter 304
of  the  laws  of  2008, are amended and a new subdivision 5 is added to
read as follows:
  (b) so acts with intent to induce another to submit to such  pretended
official  authority,  to  solicit funds or to otherwise cause another to
act in reliance upon that pretense[.]; OR
  4. Impersonates another by communication by internet website or  elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to
induce  another  to  submit to such authority or act in reliance on such
pretense[.]; OR
  5. IMPERSONATES ANOTHER PERSON BY ELECTRONIC COMMUNICATION, AND THERE-
BY COMMITS A MISDEMEANOR. FOR THE PURPOSES OF THIS  SUBDIVISION,  "ELEC-
TRONIC  COMMUNICATION"  SHALL MEAN ANY TRANSFER OF SIGNS, SIGNALS, WRIT-
INGS, 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.
  S  4.  Subdivision  3  of section 190.26 of the penal law, as added by
chapter 2 of the laws of 1998, is amended and a  new  subdivision  4  is
added to read as follows:
  3.  Pretending to be a duly licensed physician or other person author-
ized to issue a prescription for any drug or any  instrument  or  device
used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is  required  to  be reduced to writing pursuant to section thirty-three
hundred thirty-two of the public health law[.]; OR
  4. IMPERSONATES ANOTHER PERSON BY ELECTRONIC COMMUNICATION, AND THERE-
BY COMMITS A FELONY. FOR THE PURPOSES OF THIS  SUBDIVISION,  "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 COMMUNICATIONS THROUGH THE INTERNET.
  S 5. Section 240.00 of the penal law is amended by adding a new subdi-
vision 7 to read as follows:
  7.  "ELECTRONIC  COMMUNICATION"  MEANS 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.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.