BILL NUMBER: S9148

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the penal law, in relation to includ-
ing contacts via text, email or other electronic communication in the
definition of the offense of aggravated harassment in the second degree

 
PURPOSE:

To treat electronic communications with intent to harass or threaten
another person under the same standard as telephone calls.

 
SUMMARY OF PROVISIONS:

Amends Subdivision two of Section 240.30 of the penal law to include
contacts via text, email or other electronic communication in the defi-
nition of the offense of aggravated harassment in the second degree.

 
JUSTIFICATION:

              

Existing law treats telephone calls made with an intent to harass or
threaten an individual as aggravated harassment in the second degree, a
Class A misdemeanor, but does not have any provision related to elec-
tronic communications such as text or email. As technology has evolved,
forms of harassment have also evolved, and updating New York's penal law
to reflect these changes will help protect New Yorkers from these new
forms of harassment.

A recent incident where multiple individuals were sent unsolicited and
unwanted text messages with sexually graphic images from the same indi-
vidual highlights the need to update the law. Law enforcement represen-
tatives indicated that under existing law such communications could only
be treated as harassment in the second degree, a violation. Since
violations can only be charged in cases where law enforcement witnesses
the offence, no charges could be brought in this case. By updating the
law to treat texts, emails and other electronic communications under the
same standard as phone calls, this legislation will provide law enforce-
ment with greater ability to address this new form of harassment.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The first of November next succeeding the date upon which it shall have
become law