assembly Bill A4168

2015-2016 Legislative Session

Establishes offense for the electronic stalking of minors

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Archive: Last Bill Status - Stricken


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2015 enacting clause stricken
Jan 29, 2015 referred to codes

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A4168 (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.40, 120.50, 190.25, 190.26, 240.00, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8978
2013-2014: A4171

A4168 (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.

A4168 (ACTIVE) - Bill Text download pdf

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

                                  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