NY State Senate Bill 2023-S6341A

Senate Bill S6341A

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

Current Bill Status - On Floor Calendar

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2024	advanced to third reading
Apr 11, 2024	2nd report cal.
Apr 09, 2024	1st report cal.786
Feb 05, 2024	print number 6341c
Feb 05, 2024	amend and recommit to codes
Jan 03, 2024	referred to codes returned to senate died in assembly
Jun 08, 2023	referred to codes delivered to assembly passed senate
May 31, 2023	amended on third reading 6341b
May 17, 2023	advanced to third reading
May 16, 2023	2nd report cal.
May 15, 2023	1st report cal.871
May 09, 2023	print number 6341a
May 09, 2023	amend and recommit to codes
Apr 17, 2023	referred to codes

Votes

- Jun 8, 2023 - Floor Vote
  S6341A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Cooney
  Apr 9, 2024 - Codes Committee Vote
  S6341A
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 9, 2024
      
      aye (11)
      
      Bailey
      
      Brisport
      
      Gallivan
      
      Harckham
      
      Hoylman-Sigal
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Persaud
      
      Ryan
      
      aye wr (2)
      
      Kavanagh
      
      Sepúlveda
  May 15, 2023 - Codes Committee Vote
  S6341A
  
  8
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 15, 2023
      
      aye (8)
      
      Bailey
      
      Harckham
      
      Hoylman-Sigal
      
      Murray
      
      Palumbo
      
      Persaud
      
      Ryan
      
      Sepúlveda
      
      nay (1)
      
      Brisport
      
      aye wr (4)
      
      Gallivan
      
      Kavanagh
      
      Myrie
      
      O'Mara

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2023-S6341 - Details

Law Section:: Penal Law
Laws Affected:: Add §260.16, Pen L; add §52-e, Civ Rts L

2023-S6341 - 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-S6341 - Sponsor Memo

                                 
BILL NUMBER: S6341

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To protect children from harassment, stalking, and non-consensual
recording.

 
SUMMARY OF PROVISIONS:

Section one adds to the penal law section 260.16 to create the class A
misdemeanor of harassment of a child.

Section two adds to the civil rights law section 52-e to create a
private right of action for the harassment of a child under section
260.16 of the penal law and establishes available remedies in such a

suit.

 
JUSTIFICATION:

Every child should be able to enjoy their childhood free from harass-
ment, stalking, and nonconsensual recording. Unfortunately, for many
children of public figures, child stars, or ordinary kids who have "gone
viral" on the internet, this kind of harassment can be a regular occur-
rence. Parents and adults who experienced harassment as a child have
testified to the traumatizing impact these hostile interruptions to
everyday life can have on a family. In response, California has enforced
increased penalties for the harassment of children since 2013. New York
should follow suit in better holding accountable adults that physically
harass, emotionally distress, or non-consensually record children in our
state.

This bill, taking inspiration from California's legislation, would
create a new crime of harassment of a child, a class A misdemeanor, and
create a private right of action under which parents and legal guardians
of an aggrieved child may sue on their child's behalf.  Actions consid-
ered harassment under this bill include: striking or shoving a child, or
threatening to do so, following or lying in wait of a child, attempting
to record a child's image or voice without express parental consent, or
publishing identifying information about the child. These actions would
only constitute harassment when committed intentionally or knowingly.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2023-S6341 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6341
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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

 S. 6341                             2
 
 DAMAGES,  REASONABLE ATTORNEY'S FEES, COSTS, DISGORGEMENT OF ANY COMPEN-
 SATION FROM THE SALE, LICENSE, OR DISSEMINATION OF THE CHILD'S IMAGE  OR
 VOICE RECEIVED BY THE INDIVIDUAL, AND INJUNCTIVE RELIEF.  THE RIGHTS AND
 REMEDIES  CONFERRED  IN THIS SECTION SHALL BE CUMULATIVE AND IN ADDITION
 TO AND NOT IN LIEU OF ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2023-S6341A - Details

Law Section:: Penal Law
Laws Affected:: Add §260.16, Pen L; add §52-e, Civ Rts L

2023-S6341A - Summary

2023-S6341A - Sponsor Memo

                                 
BILL NUMBER: S6341A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To protect children from harassment, stalking, and non-consensual
recording.

 
SUMMARY OF PROVISIONS:

Section one adds to the penal law section 260.16 to create the class A
misdemeanor of harassment of a child.

Section two adds to the civil rights law section 52-e to create a
private right of action for the harassment of a child under section
260.16 of the penal law and establishes available remedies in such a

suit.

 
JUSTIFICATION:

Every child should be able to enjoy their childhood free from harass-
ment, stalking, and nonconsensual recording. Unfortunately, for many
children of public figures, child stars, or ordinary kids who have "gone
viral" on the internet, this kind of harassment can be a regular occur-
rence. Parents and adults who experienced harassment as a child have
testified to the traumatizing impact these hostile interruptions to
everyday life can have on a family. In response, California has enforced
increased penalties for the harassment of children since 2013. New York
should follow suit in better holding accountable adults that physically
harass, emotionally distress, or non-consensually record children in our
state.

This bill, taking inspiration from California's legislation, would
create a new crime of harassment of a child, a class A misdemeanor, and
create a private right of action under which parents and legal guardians
of an aggrieved child may sue on their child's behalf.  Actions consid-
ered harassment under this bill include: striking or shoving a child, or
threatening to do so, following or lying in wait of a child, recording
or attempting to record a child's image or voice without express
parental consent or the consent of the child if fourteen or older, or
publishing identifying information about the child. These actions would
only constitute harassment when the person intentionally or knowingly
harasses, annoys or alarms the child through these actions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2023-S6341A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6341--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK,  CHU,  COMRIE,  FERNANDEZ,
   GIANARIS, PARKER, SCARCELLA-SPANTON, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02043-03-3

 S. 6341--A                          2
 
   5. PUBLISHING IDENTIFYING OR CONTACT INFORMATION ABOUT THE CHILD WITH-
 OUT 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.
   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
 DAMAGES, REASONABLE ATTORNEY'S FEES, COSTS, DISGORGEMENT OF ANY  COMPEN-
 SATION  FROM THE SALE, LICENSE, OR DISSEMINATION OF THE CHILD'S IMAGE OR
 VOICE RECEIVED BY THE INDIVIDUAL, AND INJUNCTIVE RELIEF.  THE RIGHTS AND
 REMEDIES CONFERRED IN THIS SECTION SHALL BE CUMULATIVE AND  IN  ADDITION
 TO AND NOT IN LIEU OF ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER LAW.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2023-S6341B - Details

Law Section:: Penal Law
Laws Affected:: Add §260.16, Pen L; add §52-e, Civ Rts L

2023-S6341B - Summary

2023-S6341B - Sponsor Memo

                                 
BILL NUMBER: S6341B

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To protect children from harassment, stalking, and non-consensual
recording.

 
SUMMARY OF PROVISIONS:

Section one adds to the penal law section 260.16 to create the class A
misdemeanor of harassment of a child.

Section two adds to the civil rights law section 52-e to create a
private right of action for the harassment of a child under section
260.16 of the penal law and establishes available remedies in such a

suit.

 
JUSTIFICATION:

Every child should be able to enjoy their childhood free from harass-
ment, stalking, and nonconsensual recording. Unfortunately, for many
children of public figures, child stars, or ordinary kids who have "gone
viral" on the internet, this kind of harassment can be a regular occur-
rence. Parents and adults who experienced harassment as a child have
testified to the traumatizing impact these hostile interruptions to
everyday life can have on a family. In response, California has enforced
increased penalties for the harassment of children since 2013. New York
should follow suit in better holding accountable adults that physically
harass, emotionally distress, or non-consensually record children in our
state.

This bill, taking inspiration from California's legislation, would
create a new crime of harassment of a child, a class A misdemeanor, and
create a private right of action under which parents and legal guardians
of an aggrieved child may sue on their child's behalf.  Actions consid-
ered harassment under this bill include: striking or shoving a child, or
threatening to do so, following or lying in wait of a child, recording
or attempting to record a child's image or voice without express
parental consent or the consent of the child if fourteen or older, or
publishing identifying information about the child. These actions would
only constitute harassment when the person intentionally or knowingly
harasses, annoys or alarms the child through these actions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2023-S6341B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6341--B
     Cal. No. 871
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK,  CHU,  COMRIE,  FERNANDEZ,
   GIANARIS, PARKER, SCARCELLA-SPANTON, SKOUFIS, THOMAS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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.

                                                            LBD02043-05-3
 S. 6341--B                          2
 
   D. 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
   E. PUBLISHING IDENTIFYING OR CONTACT INFORMATION ABOUT THE CHILD WITH-
 OUT  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.
   2.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WITH RESPECT TO ANY
 LAW ENFORCEMENT PERSONNEL ENGAGED IN THE  CONDUCT  OF  THEIR  AUTHORIZED
 DUTIES  OR  TO  ANY  PERSON ENGAGED IN OTHERWISE LEGALLY MANDATED ACTIV-
 ITIES.
   HARASSMENT OF A CHILD 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
 DAMAGES,  REASONABLE ATTORNEY'S FEES, COSTS, DISGORGEMENT OF ANY COMPEN-
 SATION FROM THE SALE, LICENSE, OR DISSEMINATION OF THE CHILD'S IMAGE  OR
 VOICE RECEIVED BY THE INDIVIDUAL, AND INJUNCTIVE RELIEF.  THE RIGHTS AND
 REMEDIES  CONFERRED  IN THIS SECTION SHALL BE CUMULATIVE AND IN ADDITION
 TO AND NOT IN LIEU OF ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2023-S6341C (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Add §260.16, Pen L; add §52-e, Civ Rts L

2023-S6341C (ACTIVE) - Summary

2023-S6341C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6341C

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To protect children from harassment, stalking, and non-consensual
recording.

 
SUMMARY OF PROVISIONS:

Section one adds to the penal law section 260.16 to create the class A
misdemeanor of criminal harassment of a child.

Section two adds to the civil rights law section 52-e to create a
private right of action for the harassment of a child and establishes
available remedies in such a suit.

 
JUSTIFICATION:

Every child should be able to enjoy their childhood free from harass-
ment, stalking, and nonconsensual recording. Unfortunately, for many
children of public figures, child stars, or ordinary kids who have "gone
viral" on the internet, this kind of harassment can be a regular occur-
rence. Parents and adults who experienced harassment as a child have
testified to the traumatizing impact these hostile interruptions to
everyday life can have on a family. The negative potential of nonconsen-
sual recording continues to grow with new technologies like generative
artificial intelligence, which can be used to easily create sexualized
or other inappropriate content from otherwise innocuous photographs and
video.

In response, California has enforced increased penalties for the harass-
ment of children since 2013. New York should follow suit in better hold-
ing accountable adults that physically harass, emotionally distress, or
non-consensually record children in our state.

This bill, taking inspiration from California's legislation, would
create a new crime of criminal harassment of a child, a class A misde-
meanor, and create a private right of action for harassment under which
parents and legal guardians of an aggrieved child may sue on their
child's behalf. Actions considered harassment under this bill include:
striking or shoving a child, or threatening to do so, following or lying
in wait of a child, recording or attempting to record a child's image or
voice without express parental consent or the consent of the child if
fourteen or older, or publishing identifying information about the
child. These actions would only constitute harassment when the person
intentionally or knowingly harasses, annoys or alarms the child through
these actions.

 
LEGISLATIVE HISTORY:

2023: S.6341-B/A.6872-B - Passed Senate. Died in Assembly Codes.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2023-S6341C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6341--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK,  CHU,  COMRIE,  FERNANDEZ,
   GIANARIS, PARKER, SCARCELLA-SPANTON, SKOUFIS, THOMAS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- recommitted to the  Committee  on  Codes  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02043-11-4
 S. 6341--C                          2

   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;
   D. 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
   E. PUBLISHING IDENTIFYING OR CONTACT INFORMATION ABOUT THE CHILD WITH-
 OUT  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.
   2.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WITH RESPECT TO ANY
 LAW ENFORCEMENT PERSONNEL ENGAGED IN THE  CONDUCT  OF  THEIR  AUTHORIZED
 DUTIES  OR  TO  ANY  PERSON ENGAGED IN OTHERWISE LEGALLY MANDATED ACTIV-
 ITIES.
   CRIMINAL HARASSMENT OF A CHILD 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. 1.  A
 PARENT OR LEGAL GUARDIAN  WHOSE  CHILD  WAS  SUBJECT  TO  CONDUCT  WHICH
 CONSTITUTES  HARASSMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION, 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
 DAMAGES,  REASONABLE  ATTORNEY'S  FEES,  COSTS,  DISCOURAGEMENT  OF  ANY
 COMPENSATION  FROM  THE  SALE,  LICENSE, OR DISSEMINATION OF THE CHILD'S
 IMAGE OR VOICE RECEIVED BY THE INDIVIDUAL, AND INJUNCTIVE RELIEF.    THE
 RIGHTS AND REMEDIES CONFERRED IN THIS SECTION SHALL BE CUMULATIVE AND IN
 ADDITION  TO  AND  NOT IN LIEU OF ANY OTHER RIGHTS OR REMEDIES AVAILABLE
 UNDER LAW.
   2. FOR THE PURPOSES OF THIS SECTION, A PERSON, OTHER THAN LAW ENFORCE-
 MENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED  DUTIES  OR  A
 PERSON  ENGAGED IN OTHERWISE LEGALLY MANDATED ACTIVITY, HARASSES A CHILD
 WHEN HE OR SHE INTENTIONALLY 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;
   D. 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
 S. 6341--C                          3
 
   E. PUBLISHING IDENTIFYING OR CONTACT INFORMATION ABOUT THE CHILD WITH-
 OUT 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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S6341A

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2023-S6341 - Details

2023-S6341 - Summary

2023-S6341 - Sponsor Memo

2023-S6341 - Bill Text download pdf

co-Sponsors

2023-S6341A - Details

2023-S6341A - Summary

2023-S6341A - Sponsor Memo

2023-S6341A - Bill Text download pdf

co-Sponsors

2023-S6341B - Details

2023-S6341B - Summary

2023-S6341B - Sponsor Memo

2023-S6341B - Bill Text download pdf

co-Sponsors

2023-S6341C (ACTIVE) - Details

2023-S6341C (ACTIVE) - Summary

2023-S6341C (ACTIVE) - Sponsor Memo

2023-S6341C (ACTIVE) - Bill Text download pdf

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