S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1954
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by Sens. KLEIN, ADDABBO, ALCANTARA, AVELLA, BRESLIN, CARLUC-
   CI, DILAN, GALLIVAN, GOLDEN,  HANNON,  KENNEDY,  LARKIN,  RANZENHOFER,
   SAVINO,  SERINO,  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.
   §  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.
              

                                                            LBD07339-01-7

 S. 1954                             2
 
   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.
   §  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-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE TRANSFER OF SUCH COMMUNICATIONS THROUGH THE INTERNET.
   § 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-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE TRANSFER OF SUCH COMMUNICATIONS THROUGH THE INTERNET.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.