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STATE OF NEW YORK
________________________________________________________________________

1205--A

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced  by M. of A. KOLB, FINCH, OAKS, HAWLEY, McKEVITT, ORTIZ, RAIA
  -- Multi-Sponsored by -- M. of A.  AMEDORE,  BARCLAY,  CONTE,  CROUCH,
  GIGLIO,  JORDAN -- read once and referred to the Committee on Codes --
  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 adding by means of comput-
  er network to the crime of 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, 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 (a) communicates with a person, anonymously or otherwise, by
telephone,  by  telegraph,  or by mail, or by transmitting or delivering
any other form of written communication, in a  manner  likely  to  cause
annoyance or alarm; or
  (b) causes a communication to be initiated by mechanical or electronic
means  OR  COMPUTER  NETWORK,  AS  DEFINED IN SUBDIVISION SIX OF SECTION
156.00 OF THIS CHAPTER, or  otherwise  with  a  person,  anonymously  or
otherwise, by telephone, by telegraph, or by mail, or by transmitting or
delivering  any  other form of written communication, in a manner likely
to cause annoyance or alarm; or
  2. Makes a telephone call, whether or not a conversation ensues,  with
no purpose of legitimate communication; or
  3.  Strikes,  shoves,  kicks,  or otherwise subjects another person to
physical contact, or attempts or threatens to do the same because  of  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00461-02-2
A. 1205--A                          2

belief  or  perception  regarding  such  person's  race, color, national
origin, ancestry, gender, religion, religious practice, age,  disability
or sexual orientation, regardless of whether the belief or perception is
correct; or
  4.  Commits the crime of harassment in the first degree and has previ-
ously been convicted of the crime of harassment in the first  degree  as
defined  by  section  240.25  of  this  article within the preceding ten
years.
  5. For the purposes of subdivision one of this section, "form of writ-
ten communication" shall include, but not be limited to, a recording  as
defined in subdivision six of section 275.00 of this part.
  Aggravated harassment in the second degree is a class A misdemeanor.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.