senate Bill S2308

2015-2016 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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2016 referred to codes
delivered to assembly
passed senate
Mar 30, 2016 advanced to third reading
Mar 29, 2016 2nd report cal.
Mar 28, 2016 1st report cal.476
Jan 06, 2016 referred to codes
returned to senate
died in assembly
Jun 15, 2015 referred to codes
delivered to assembly
passed senate
Jun 08, 2015 advanced to third reading
Jun 03, 2015 2nd report cal.
Jun 02, 2015 1st report cal.1298
Jan 22, 2015 referred to codes

Votes

view votes

Mar 28, 2016 - Codes committee Vote

S2308
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 2, 2015 - Codes committee Vote

S2308
13
0
committee
13
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

view additional co-sponsors

S2308 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.40, 120.50, 190.25 & 190.26, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6132
2013-2014: S2366
2017-2018: S1954
2019-2020: S247
2021-2022: S5089

S2308 (ACTIVE) - Summary

Establishes offense for the electronic stalking of minors within the class A misdemeanor of stalking in the third degree.

S2308 (ACTIVE) - Sponsor Memo

S2308 (ACTIVE) - Bill Text download pdf

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

                                  2308

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens.  KLEIN, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
  ESPAILLAT, GALLIVAN, GOLDEN, HANNON, KENNEDY, LARKIN, MARTINS, RANZEN-
  HOFER, 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 and criminal impersonation by  means  of  electronic  communi-
  cations

  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-OPTICAL  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.
                                                           LBD08019-01-5

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.