Redefines the term "following" for a crime of stalking in the fourth degree to include the use of certain devices or computers to gain access to, record, track or report the movement or location of a person or their property without the person's permission or authority to do so.
S T A T E O F N E W Y O R K
________________________________________________________________________
8076
2025-2026 Regular Sessions
I N A S S E M B L Y
April 24, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to redefining the term
"following" for a crime of stalking in the fourth degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The second undesignated paragraph of section 120.45 of the
penal law, as added by chapter 184 of the laws of 2014, is amended to
read as follows:
For the purposes of subdivision two of this section, "following" shall
include the unauthorized tracking of such person's movements or location
through the use [of a global positioning system or other device], PLACE-
MENT, ATTACHMENT OR INSERTION OF ANY DEVICE OR COMPUTER SOFTWARE,
PROGRAM, SPYWARE, MALWARE OR ADWARE THAT GAINS ACCESS TO, RECORDS,
TRACKS OR REPORTS A MOVEMENT OR LOCATION OF A PERSON OR THEIR PROPERTY
WITHOUT THE PERSON'S PERMISSION OR AUTHORITY TO DO SO. A PERSON'S
EMPLOYER UTILIZING LOCATION OR TRACKING TECHNOLOGY DURING THE NORMAL
COURSE OF BUSINESS OR PURSUANT TO AN EMPLOYMENT AGREEMENT SHALL NOT
CONSTITUTE STALKING UNDER THIS STATUTE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05255-01-5
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