Assembly Bill A10128

Signed By Governor
2013-2014 Legislative Session

Relates to the crime of aggravated harassment in the second degree

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


  • 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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2013-A10128 (ACTIVE) - Details

See Senate Version of this Bill:
S7869
Law Section:
Penal Law
Laws Affected:
Amd §240.30, Pen L; amd §631, Exec L

2013-A10128 (ACTIVE) - Summary

Relates to the crime of aggravated harassment in the second degree; includes electronic means; also includes family/household members.

2013-A10128 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10128

                          I N  A S S E M B L Y

                              June 16, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein,
  Lentol) -- (at request of the Governor) -- read once and  referred  to
  the Committee on Codes

AN  ACT  to  amend  the  penal law and the executive law, in relation to
  aggravated harassment in the second degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 240.30 of the penal law, as amended by chapter 510
of the laws of 2008, subdivision 4 as added and subdivisions 5 and 6  as
renumbered by section 4 of part D of chapter 491 of the laws of 2012, is
amended to read as follows:
S 240.30 Aggravated harassment in the second degree.
  A  person  is  guilty  of  aggravated  harassment in the second degree
when[, with intent to harass, annoy, threaten or alarm  another  person,
he or she]:
  1. [Either] WITH INTENT TO HARASS ANOTHER PERSON, THE ACTOR EITHER:
  (a)  communicates  [with a person], anonymously or otherwise, by tele-
phone, by [telegraph,] COMPUTER or ANY OTHER  ELECTRONIC  MEANS,  OR  by
mail,  or  by  transmitting  or  delivering  any other form of [written]
communication, [in a manner likely to cause annoyance or alarm] A THREAT
TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO  THE  PROPERTY  OF,  SUCH
PERSON, OR A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD AS DEFINED
IN  SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, AND
THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH  COMMUNICATION  WILL
CAUSE  SUCH  PERSON  TO  REASONABLY  FEAR HARM TO SUCH PERSON'S PHYSICAL
SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A MEMBER OF
SUCH PERSON'S SAME FAMILY OR HOUSEHOLD; or
  (b) causes a communication to be initiated [by mechanical or electron-
ic means or otherwise with a person,] anonymously or otherwise, by tele-
phone, by [telegraph,] COMPUTER or ANY OTHER  ELECTRONIC  MEANS,  OR  by
mail,  or  by  transmitting  or  delivering  any other form of [written]
communication, [in a manner likely to cause annoyance or alarm] A THREAT
TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO  THE  PROPERTY  OF,  SUCH
PERSON, A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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