S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7469
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, BROUK, COMRIE, FERNANDEZ, GIANARIS,
   PARKER, SCARCELLA-SPANTON, SKOUFIS -- 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 CRIMINAL HARASSMENT OF A CHILD.
   1. A PERSON IS GUILTY OF CRIMINAL HARASSMENT  OF  A  CHILD  WHEN  SUCH
 PERSON  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
 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.
                                                            LBD08359-01-5
              

 S. 7469                             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.
   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 SUCH PERSON 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
   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.