assembly Bill A7662

2017-2018 Legislative Session

Creates the crime of cyber harassment; and increases the penalties for the crimes of harassment and stalking when committed against a child

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
May 08, 2017 referred to codes

A7662 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §240.33, amd §§240.25, 240.26, 120.50 & 120.45, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8193
2011-2012: A2355
2013-2014: A123
2015-2016: A6759

A7662 (ACTIVE) - Summary

Creates the new crime of cyber harassment; and increases the penalties for the crimes of harassment in 1st and 2nd degree and stalking in the 3rd and 4th degree when committed by an adult against a child.

A7662 (ACTIVE) - Bill Text download pdf


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

                                  7662

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2017
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  cyber harassment; and increasing penalties for the crimes  of  harass-
  ment and stalking

  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 CYBER HARASSMENT.
  1. A PERSON IS GUILTY OF CYBER HARASSMENT WHEN,  FOR  THE  PURPOSE  OF
FRIGHTENING  OR DISTURBING ANOTHER PERSON, HE OR SHE TRANSMITS OR CAUSES
THE TRANSMISSION OF AN ELECTRONIC COMMUNICATION, OR KNOWINGLY PERMITS AN
ELECTRONIC COMMUNICATION TO BE TRANSMITTED TO  ANOTHER  PERSON  FROM  AN
ELECTRONIC COMMUNICATION DEVICE UNDER HIS OR HER CONTROL:
  (A)  USING  COARSE LANGUAGE OFFENSIVE TO A PERSON OF AVERAGE SENSIBIL-
ITY; OR
  (B) ANONYMOUSLY OR REPEATEDLY TRANSMITTING SUCH COMMUNICATION  WHETHER
OR NOT CONVERSATION OCCURS; OR
  (C) THREATENING TO COMMIT ANY FELONY.
  2.  NO  PERSON  SHALL  MAKE OR CAUSE TO BE MADE AN ELECTRONIC COMMUNI-
CATION, OR PERMIT AN ELECTRONIC COMMUNICATION TO BE MADE FROM  AN  ELEC-
TRONIC COMMUNICATION DEVICE UNDER SUCH PERSON'S CONTROL, WITH THE INTENT
TO  FRIGHTEN OR DISTURB ANY OTHER PERSON IN ANY MANNER DESCRIBED IN THIS
SECTION EITHER BY THE DIRECT ACTION OF THE PERSON INITIATING THE  COMMU-
NICATION  OR  THROUGH  THE  ACTIONS  OF  A THIRD PARTY WHOSE ACTIONS ARE
INSTIGATED, INITIATED, PROMPTED,  OR  BROUGHT  ABOUT  BY  SUCH  PERSON'S
COMMUNICATION.
  3. ANY OFFENSE COMMITTED UNDER THIS SECTION MAY BE DEEMED TO HAVE BEEN
COMMITTED  EITHER  AT THE PLACE FROM WHICH THE COMMUNICATION WAS MADE OR
AT THE PLACE WHERE THE COMMUNICATION WAS RECEIVED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.