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Senate Bill S4323

2017-2018 Legislative Session

Creates the crime of aggravated harassment of a family member of a person in active military service

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-S4323 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §240.33, Pen L

2017-S4323 (ACTIVE) - Summary

Creates the crime of aggravated harassment of a family member of a person in active military service of the United States and makes such crime a class E felony.

2017-S4323 (ACTIVE) - Sponsor Memo

2017-S4323 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4323
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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  creating  the  crime  of
   aggravated  harassment  of a family member of a person in active mili-
   tary service

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 240.33 to
 read as follows:
 § 240.33 AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A PERSON IN  ACTIVE
            MILITARY SERVICE.
   1. A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A
 PERSON  IN  ACTIVE  MILITARY SERVICE WHEN, WITH INTENT TO HARASS, ANNOY,
 THREATEN OR ALARM ANOTHER PERSON, HE OR SHE EITHER:
   (A) COMMUNICATES WITH A PERSON, WHO AT THE TIME OF  THE  COMMUNICATION
 HAS  A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES, AS
 SUCH TERM IS DEFINED IN  SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY OR
 OTHERWISE, BY TELEPHONE, OR BY TELEGRAPH, MAIL  OR  ANY  OTHER  FORM  OF
 WRITTEN  COMMUNICATION,  IN  A MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM
 AND SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH  PERSON'S
 FAMILY MEMBER; OR
   (B) CAUSES A COMMUNICATION TO BE INITIATED BY MECHANICAL OR ELECTRONIC
 MEANS  OR  OTHERWISE WITH A PERSON, WHO AT THE TIME OF THE COMMUNICATION
 HAS A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES,  AS
 SUCH  TERM IS DEFINED IN SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY OR
 OTHERWISE, BY TELEPHONE, OR BY TELEGRAPH, MAIL  OR  ANY  OTHER  FORM  OF
 WRITTEN  COMMUNICATION,  IN  A MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM
 AND SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH  PERSON'S
 FAMILY MEMBER.
   2.  FOR  THE  PURPOSES  OF  THIS  SECTION,  "FAMILY  MEMBER" MEANS THE
 HUSBAND, WIFE, SON, DAUGHTER, FATHER OR MOTHER OF A PERSON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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