BILL NUMBER: S5089

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the penal law, in relation to the electronic stalking of
a minor and criminal impersonation by means of electronic communications

 
PURPOSE:

This anti-cyberbullying legislation will: create a new penal law defi-
nition of "electronic communication"; a stalking in the third degree
offense when a person intentionally engages in a course of conduct using
electronic communication directed at a child under the age of 21, caus-
ing reasonable fear of or actual harm to the child; and an aggravated
harassment in the second degree offense for electronic communication
transmitted with the intent to harass, annoy, threaten at alarm another
person.

 
SUMMARY OF PROVISIONS:

              

Section 1. Amends section 120.40 of the penal law by adding a new subdi-
vision 6 that defines "electronic communication" as any transfer of
signs, signals, writings, images, sounds, data or intelligence of any
nature transmitted in whole or in part by a wire, radio, electromagnet-
ic, photo-electronic or photo-optional system. Electronic communication
shall include, but not be limited to, the transfer of such communi-
cations through the Internet.

Section 2. Amends section 120.50 of the penal law by adding a new subdi-
vision 5, which states a person is guilty of stalking in the third
degree when he or she 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 is likely
to cause such child a reasonable fear of material harm to his or her
physical health, safety or property or 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
multiple recipients need not be received by the child at whom such
communications are directed.

Section 3. Amends the penal law by adding a new subdivision 5 to section
190.25 which states a person is guilty of criminal impersonation in the
second degree, an A misdemeanor, when he or she impersonates another
person by electronic communication, and thereby commits a misdemeanor.

For the purposes of this subdivision, "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-optional system. Elec-
tronic communication shall include, but not be limited, to, the transfer
of such communications through the Internet.

Section 4. Amends the penal law by adding a new subdivision 4 to section
190.26 which states a person is guilty of criminal impersonation in the
first degree, an E felony, when he or she impersonates another person by
electronic communication, and thereby Commits a felony. For the purposes
of this subdivision, "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, electromagnet-
ic, photoelectric or photo-optional system. Electronic communication
shall include, but not be limited to, the transfer of such communication
through the Internet.

Section 5. Effective date.

 
JUSTIFICATION:

With the rapid development of information and communication technolo-
gies, a new form of bullying has emerged known as cyberbullying. With
the use of cell phones and social networking sites, adolescent cruelty
has been amplified and shifted from school yards and hallways to the
Internet, where a nasty, profanity-laced comment, complete with an
embarrassing photo, can be viewed by a potentially limited number of
people, both known and unknown.

In addition to causing substantial psychological harm and emotional
distress, cyberbullying has been blamed for nearly a dozen teen
suicides. In September 2011, New Yorker Jamey Rodemeyer, a 14-year old
boy from Williamsville, near Buffalo, took his life after what his
parents claim was years of bullying because of struggles with his sexu-
ality.

This bill expands the existing crimes of stalking in the third degree
and aggravated harassment in the second degree to include cyberbullying.
Both offenses are class A misdemeanors, but are eligible to be elevated
to felonies if additional hate crime criteria are present. The stalking
offense will apply to conduct committed against individuals under the
age of 21, but the aggravated harassment amendment will protect New
Yorkers of all ages.  Existing laws in the state of New York are not
currently adequate to properly address this new and emerging problem of
cyberbullying. This bill seeks to bring the state's stalking and harass-
ment statutes up-to-date, give bullies a concrete reason to quit their
online antics, and provide victims and prosecutors with laws that can be
enforced against this new breed of bully.

 
LEGISLATIVE HISTORY:

2012 - S. 6132-A - Passed Senate.

2014- S. 2366 Passed Senate.

2015-2016 - S. 2308 - Passed Senate

2017-18 - S.1954

2019-20 - S.247

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law