senate Bill S1954

2017-2018 Legislative Session

Establishes offense for the electronic stalking of minors

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2018 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1746
committee discharged and committed to rules
Jan 03, 2018 referred to codes
Jan 11, 2017 referred to codes

Co-Sponsors

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S1954 (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
2015-2016: S2308
2019-2020: S247
2021-2022: S5089

S1954 (ACTIVE) - Summary

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

S1954 (ACTIVE) - Sponsor Memo

S1954 (ACTIVE) - Bill Text download pdf


                    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.

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