Assembly Bill A6872C

2023-2024 Legislative Session

Criminalizes the harassment of a child; and establishes a private right of action for harassment of a child

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A6872 - Details

See Senate Version of this Bill:
S6341
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.16, Pen L; add §52-e, Civ Rts L

2023-A6872 - Summary

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

2023-A6872 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6872
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to criminalizing the  harass-
   ment  of  a  child;  and to amend the civil rights law, in relation to
   establishing a private right of action for harassment of a child

   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 260.16 to
 read as follows:
 § 260.16 HARASSMENT OF A CHILD.
   A  PERSON  IS  GUILTY  OF  HARASSMENT OF A CHILD WHEN HE OR SHE INTEN-
 TIONALLY OR KNOWINGLY HARASSES, ANNOYS OR ALARMS A CHILD  OR  A  CHILD'S
 PARENT OR GUARDIAN BY:
   1.  STRIKING,  SHOVING, KICKING, OR OTHERWISE SUBJECTING SUCH CHILD TO
 PHYSICAL CONTACT, OR ATTEMPTING OR THREATENING TO DO THE SAME;
   2. FOLLOWING OR LYING IN WAIT OF A CHILD;
   3. ATTEMPTING TO RECORD A CHILD'S IMAGE OR VOICE, WITHOUT THE  EXPRESS
 CONSENT OF THE PARENT OR LEGAL GUARDIAN OF THE CHILD;
   4. ENGAGING IN A COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH
 ALARM,  SERIOUSLY  ANNOY,  OR  CAUSE EMOTIONAL DISTRESS OF A CHILD WHICH
 SERVE NO LEGITIMATE PURPOSE; OR
   5. PUBLISHING IDENTIFYING OR CONTACT INFORMATION ABOUT THE CHILD.
   HARASSMENT OF A CHILD IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
   § 2.  The civil rights law is amended by adding a new section 52-e  to
 read as follows:
   § 52-E. PRIVATE RIGHT OF ACTION FOR HARASSMENT OF A CHILD. A PARENT OR
 LEGAL  GUARDIAN  WHOSE  CHILD  WAS  SUBJECT TO CONDUCT WHICH, IF PROVEN,
 WOULD CONSTITUTE A VIOLATION OF SECTION 260.16 OF  THE  PENAL  LAW,  MAY
 BRING A CIVIL ACTION AGAINST THE INDIVIDUAL THAT ENGAGED IN SUCH CONDUCT
 ON  BEHALF  OF  THE  CHILD.  THE  REMEDIES IN THAT CIVIL ACTION SHALL BE
 LIMITED TO ONE OR MORE OF  THE  FOLLOWING:    ACTUAL  DAMAGES,  PUNITIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02043-02-3

co-Sponsors

2023-A6872A - Details

See Senate Version of this Bill:
S6341
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.16, Pen L; add §52-e, Civ Rts L

2023-A6872A - Summary

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

2023-A6872A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6872--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the penal law, in relation to criminalizing the harass-
   ment of a child; and to amend the civil rights  law,  in  relation  to
   establishing a private right of action for harassment of a child
 
   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 260.16 to
 read as follows:
 § 260.16 HARASSMENT OF A CHILD.
   A PERSON IS GUILTY OF HARASSMENT OF A CHILD  WHEN  HE  OR  SHE  INTEN-
 TIONALLY  OR  KNOWINGLY  HARASSES, ANNOYS OR ALARMS A CHILD OR A CHILD'S
 PARENT OR GUARDIAN BY:
   1. STRIKING, SHOVING, KICKING, OR OTHERWISE SUBJECTING SUCH  CHILD  TO
 PHYSICAL CONTACT, OR ATTEMPTING OR THREATENING TO DO THE SAME;
   2.  FOLLOWING  OR  LYING  IN  WAIT  OF  A CHILD, PROVIDED THAT FOR THE
 PURPOSES OF THIS SECTION, "LYING IN WAIT" MEANS  HOLDING  ONESELF  IN  A
 CONCEALED POSITION TO WATCH AND WAIT FOR A CHILD;
   3. RECORDING OR ATTEMPTING TO RECORD A CHILD'S IMAGE OR VOICE, WITHOUT
 THE EXPRESS CONSENT OF THE PARENT OR LEGAL GUARDIAN OF THE CHILD, OR, IF
 THE  CHILD  IS  FOURTEEN  YEARS OLD OR OLDER, THE EXPRESS CONSENT OF THE
 CHILD, UNLESS THE PERSON ACTS IN A REASONABLE MANNER AND  THE  RECORDING
 IS OF THE CHILD:
   (A) ENGAGING IN PUBLIC SPEECH OR DEMONSTRATION; OR
   (B) ATTENDING OR PARTICIPATING IN A NEWSWORTHY PUBLIC EVENT;
   4. ENGAGING IN A COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH
 ALARM,  SERIOUSLY  ANNOY,  OR  CAUSE EMOTIONAL DISTRESS OF A CHILD WHICH
 SERVE NO LEGITIMATE PURPOSE; OR
   5. PUBLISHING IDENTIFYING OR CONTACT INFORMATION ABOUT THE CHILD WITH-
 OUT THE EXPRESS CONSENT OF THE PARENT OR LEGAL GUARDIAN  OF  THE  CHILD,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02043-04-3

co-Sponsors

2023-A6872B - Details

See Senate Version of this Bill:
S6341
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.16, Pen L; add §52-e, Civ Rts L

2023-A6872B - Summary

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

2023-A6872B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6872--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, GIBBS, SANTABARBARA, LUNSFORD, McMAHON,
   ZACCARO, CONRAD, RAMOS, COLTON, JEAN-PIERRE, GUNTHER -- read once  and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to criminalizing the  harass-
   ment  of  a  child;  and to amend the civil rights law, in relation to
   establishing a private right of action for harassment of a child
 
   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 260.16 to
 read as follows:
 § 260.16 HARASSMENT OF A CHILD.
   1.   A PERSON IS GUILTY OF HARASSMENT OF A CHILD WHEN HE OR SHE INTEN-
 TIONALLY OR KNOWINGLY HARASSES, ANNOYS OR ALARMS A CHILD  OR  A  CHILD'S
 PARENT OR GUARDIAN BY:
   A.  STRIKING,  SHOVING, KICKING, OR OTHERWISE SUBJECTING SUCH CHILD TO
 PHYSICAL CONTACT, OR ATTEMPTING OR THREATENING TO DO THE SAME;
   B. FOLLOWING OR LYING IN WAIT  OF  A  CHILD,  PROVIDED  THAT  FOR  THE
 PURPOSES  OF  THIS  SECTION,  "LYING IN WAIT" MEANS HOLDING ONESELF IN A
 CONCEALED POSITION TO WATCH AND WAIT FOR A CHILD;
   C. RECORDING OR ATTEMPTING TO RECORD A CHILD'S IMAGE OR  VOICE,  AFTER
 THE  CHILD,  OR,  IF  THE  CHILD IS YOUNGER THAN FOURTEEN YEARS OLD, THE
 PARENT OR LEGAL GUARDIAN OF THE CHILD HAS EXPRESSED  THAT  THEY  DO  NOT
 CONSENT TO THE CHILD BEING RECORDED, UNLESS THE PERSON ACTS IN A REASON-
 ABLE MANNER AND THE RECORDING IS OF THE CHILD:
   (I) ENGAGING IN PUBLIC SPEECH OR DEMONSTRATION; OR
   (II) ATTENDING OR PARTICIPATING IN A NEWSWORTHY PUBLIC EVENT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02043-06-3
 A. 6872--B                          2

co-Sponsors

2023-A6872C (ACTIVE) - Details

See Senate Version of this Bill:
S6341
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.16, Pen L; add §52-e, Civ Rts L

2023-A6872C (ACTIVE) - Summary

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

2023-A6872C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6872--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, GIBBS, SANTABARBARA, LUNSFORD, McMAHON,
   ZACCARO, CONRAD, RAMOS, COLTON,  JEAN-PIERRE,  GUNTHER,  L. ROSENTHAL,
   SIMONE,  HEVESI -- read once and referred to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee  -- recommitted to the Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to criminalizing the  harass-
   ment  of  a  child;  and to amend the civil rights law, in relation to
   establishing a private right of action for harassment of a child
 
   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 260.16 to
 read as follows:
 § 260.16 CRIMINAL HARASSMENT OF A CHILD.
   1.    A  PERSON IS GUILTY OF CRIMINAL HARASSMENT OF A CHILD WHEN HE OR
 SHE INTENTIONALLY HARASSES, ANNOYS OR ALARMS  THE  CHILD  OF  ANY  OTHER
 PERSON  BY  KNOWINGLY  AND  WILLFULLY  ENGAGING IN CONDUCT DIRECTED AT A
 SPECIFIC CHILD THAT SERIOUSLY ALARMS, ANNOYS, TORMENTS OR TERRORIZES THE
 CHILD, SERVES NO LEGITIMATE PURPOSE, WOULD CAUSE A REASONABLE  CHILD  TO
 SUFFER  SUBSTANTIAL EMOTIONAL DISTRESS, AND ACTUALLY CAUSES THE CHILD TO
 SUFFER SUBSTANTIAL EMOTIONAL DISTRESS. SUCH CONDUCT INCLUDES, BUT IS NOT
 LIMITED TO:
   A. STRIKING, SHOVING, KICKING, OR OTHERWISE SUBJECTING SUCH  CHILD  TO
 PHYSICAL CONTACT, OR ATTEMPTING OR THREATENING TO DO THE SAME;
   B.  FOLLOWING  OR  LYING  IN  WAIT  OF  A CHILD, PROVIDED THAT FOR THE
 PURPOSES OF THIS SECTION, "LYING IN WAIT" MEANS  HOLDING  ONESELF  IN  A
 CONCEALED POSITION TO WATCH AND WAIT FOR A CHILD;
   C.  RECORDING  OR ATTEMPTING TO RECORD A CHILD'S IMAGE OR VOICE, AFTER
 THE CHILD, OR, IF THE CHILD IS YOUNGER  THAN  FOURTEEN  YEARS  OLD,  THE
 PARENT  OR  LEGAL  GUARDIAN  OF THE CHILD HAS EXPRESSED THAT THEY DO NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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