senate Bill S5089

2021-2022 Legislative Session

Establishes offense for the electronic stalking of minors

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 23, 2021 referred to codes

S5089 (ACTIVE) - Details

Current Committee:
Senate 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
2017-2018: S1954
2019-2020: S247

S5089 (ACTIVE) - Summary

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

S5089 (ACTIVE) - Sponsor Memo

S5089 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5089
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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.
   FOR  THE  PURPOSES  OF THIS SUBDIVISION, ANY ELECTRONIC COMMUNICATIONS
 DIRECTED AT A CHILD UNDER THE AGE OF TWENTY-ONE YEARS AND TRANSMITTED TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06860-01-1

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