Provides that stalking by technological means, including illegal wiretapping, cell phones, caller ID, Internet, cameras and GPS systems, shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the penal law, in relation to prohibiting stalking by technological means
PURPOSE OR GENERAL IDEA OF BILL: Provides that stalking by technological means shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 Amends section 120.40 of the Penal Law by adding a new subdivision 6. Defines technological means. Such technological means include, but are not limited to: illegal wire tapping, cell phones, caller identification, the Internet, cameras, global positioning systems and any other type of tracking device.
Section 2 Amends section 120.50 (4) of the Penal Law and adds a new subdivision 5. Adds stalking in the forth degree by utilizing technological means.
Section 3 Amends section 120.55 (5) of the Penal Law and adds a new subdivision 6. Adds stalking in the third degree by utilizing technological means.
Section 4 Amends section 120.60(2) of the Penal Law and adds a new subdivision 3. Adds stalking in the second degree by utilizing technological means.
Section 5 Effective Date
This legislation adds stalking by technological means to the current statute.
A recent study by the United States Department of Justice concludes that one in twelve women will be stalked during her lifetime and one out of every forty-five men will be stalked during his lifetime. The study further estimated that 1,006,970 women and 370,990 men are stalked annually. New York State's Stalking Law was enacted in 1999. Since that time, the availability of new and ever more sophisticated technological means which can be utilized by a stalker to further his or her purpose has greatly increased.
Tracy Bahm, Director of the Stalking Resource Center (a part of the National Center for Victims of Crime) has stated; "As society and technology evolve, stalkers will always find new ways to harass
their victims." Illegal wiretapping, cell phones, caller identification, the Internet, hidden cameras, and tracking devices including global positioning systems (GPS) are just a few of the technological means which have been employed by stalkers. This equipment can be purchased locally or over the Internet and the costs are not prohibitive. In a recent Wisconsin case, the stalker had placed a GPS device between the radiator and the grill of the victim's car, enabling the stalker to track the victim wherever and whenever he wanted. A GPS device uses an array of satellites to pinpoint location and can also send coordinates to cell phones or computers. GPS's are used by trucking companies to track cargo, corrections authorities use them to monitor parolees, and hikers, boaters and motorists use the systems to keep from getting lost, just to name a few of the current legitimate uses for the systems, and now stalkers are using them to track their victims.
The current New York law on stalking did not foresee the use of technological means to commit stalking crimes. This bill updates current law and prohibits the use of technology in any form in the furtherance of stalking and increases the penalty for such use.
PRIOR LEGISLATIVE HISTORY:
2012: S.108 - Passed Senate/A.452 - Referred to Codes 2011: S.108 - Passed Senate/A.452 - Referred to Codes 2010: S.6897 - Referred to Codes/A.9772 - Referred to Codes 2007-08: S.884 - Passed Senate/A.1176 - Referred to Codes 2005-06: S.851 - Passed Senate/A. 1944 - Held for Consideration in Codes Committee 2003-04: S.3705A - Passed Senate/A.8428A - Referred to Codes
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 442 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- 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 prohibiting stalking by technological means THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.40 of the penal law is amended by adding a new subdivision 6 to read as follows: 6. "TECHNOLOGICAL MEANS" MEANS AND SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, ILLEGAL WIRETAPPING, CELL PHONES, CALLER IDENTIFICATION, THE INTERNET, CAMERAS, GLOBAL POSITIONING SYSTEM AND ANY OTHER TYPE OF TRACKING DEVICE. S 2. Subdivision 4 of section 120.50 of the penal law, as added by chapter 635 of the laws of 1999, is amended and a new subdivision 5 is added to read as follows: 4. Commits the crime of stalking in the fourth degree and has previ- ously been convicted within the preceding ten years of stalking in the fourth degree
[.]; OR 5. COMMITS THE CRIME OF STALKING IN THE FOURTH DEGREE IN VIOLATION OF SECTION 120.45 OF THIS ARTICLE, AND UTILIZES ANY TECHNOLOGICAL MEANS, WHETHER ELECTRONIC OR OTHER, IN FURTHERANCE OF SUCH CRIME. S 3. Subdivision 5 of section 120.55 of the penal law, as added by chapter 598 of the laws of 2003, is amended and a new subdivision 6 is added to read as follows: 5. Commits the crime of stalking in the third degree, as defined in subdivision three of section 120.50 of this article, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted [.]; OR 6. COMMITS THE CRIME OF STALKING IN THE THIRD DEGREE AS DEFINED IN SUBDIVISIONS ONE, TWO, THREE AND FOUR OF SECTION 120.50 OF THIS ARTICLEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00394-01-3 S. 442 2
AND UTILIZES ANY TECHNOLOGICAL MEANS, WHETHER ELECTRONIC OR OTHER, IN FURTHERANCE OF SUCH CRIME. S 4. Subdivision 2 of section 120.60 of the penal law, as amended by chapter 434 of the laws of 2000, is amended and a new subdivision 3 is added to read as follows: 2. commits a class A misdemeanor defined in article one hundred thirty of this chapter, or a class E felony defined in section 130.25, 130.40 or 130.85 of this chapter, or a class D felony defined in section 130.30 or 130.45 of this chapter
[.]; OR 3. COMMITS THE CRIME OF STALKING IN THE SECOND DEGREE, AS DEFINED IN SUBDIVISIONS ONE, TWO, THREE, AND FOUR OF SECTION 120.55 OF THIS ARTICLE AND UTILIZES ANY TECHNOLOGICAL MEANS, WHETHER ELECTRONIC OR OTHER, IN FURTHERANCE OF SUCH CRIME. S 5. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.