NY State Senate Bill 2009-S5364

Senate Bill S5364

2009-2010 Legislative Session

Creates a new crime of electronic stalking and provides for a conviction for electronic stalking to trigger submission to the DNA databank

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Archive: Last Bill Status - In Senate Committee Codes Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 27, 2009	referred to codes

2009-S5364 (ACTIVE) - Details

See Assembly Version of this Bill:: A5113
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.40, 120.55 & 70.02, add §§120.61, 120.62 & 120.63, Pen L; amd §700.05, CP L; amd §995, Exec L; amd §168-a, Cor L

2009-S5364 (ACTIVE) - Summary

Creates the new crime of electronic stalking; establishes electronic stalking in the first and second degree as violent felonies; and provides that a conviction for electronic stalking triggers submission to the DNA databank and the sexual offender registration act.

2009-S5364 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5364

 TITLE OF BILL :

An act to amend the penal law and the criminal procedure law, in
relation to creating the crimes of electronic stalking, and adding
electronic stalking to designated offenses for eavesdropping warrants
and to amend the executive law and the correction law, in relation to
including a conviction of electronic stalking under the requirements
of the state DNA identification index and the sex offender
registration act


 PURPOSE OR GENERAL IDEA OF BILL :

This bill creates a new crime of electronic stalking and provides for
a conviction for electronic stalking to trigger submission to the DNA
databank.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Section 120.40 of the penal law is amended by adding two
new subdivisions 6 and 7:

6. "Electronic communication" shall mean any transfer of signs,
signals, writings, images, sounds, data, or intelligence of any nature

transmitted in whole or in part by a wire, radio, electromagnetic,
photo-electronic, or photo-optical system.  Electronic communication
includes, but is not limited to, the transfer of that communication
through the internet.

7. "Personal identifying information" shall mean a person's name,
address, telephone number, date of birth, driver's license number,
motor vehicle license plate number, social security number, place of
employment, school, mother's maiden name, image, or schedule of daily
activities.

Section 2. Subdivision 4 of section 120.55 of the penal law , as
amended by chapter 598 of the laws of 2003.

4. Being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or
repeatedly commits acts over a period of time intentionally placing or
attempting to place such person who is under the age of fourteen in
reasonable fear of physical injury, serious physical injury or, death,
or becoming the victim of a sex offense as defined in article one
hundred thirty of this chapter.

Section 3. The Penal Law is amended by adding three new sections
120.65, 120.70, and 120.75.

120.65 Electronic stalking in the third degree. A person is guilty of
electronic stalking in the first degree when he or she, intentionally
and for no legitimate purpose makes an electronic communication that
includes personal identifying information concerning a specific person
and knows or reasonably should know that such communication is likely
to cause such person to reasonably fear the death, serious physical
injury, physical injury, kidnapping, or unlawful imprisonment of such
person or another person; the commission of a sex offense as defined
in article one hundred thirty of this chapter against such person or
another person; or the commission of the crimes of criminal trespass
or burglary.

120.70 Electronic Stalking in the second degree.


A person is guilty of electronic stalking in the second degree when he
or she, intentionally and for no legitimate purpose, makes an
electronic communication that includes personal identifying
information concerning a specific person and knows or reasonably
should know that such communication is likely to cause such person to
reasonably fear the death, serious physical injury, physical injury,
kidnapping, or unlawful imprisonment of such person or another person;
the commission of a sex offense as defined in article one hundred
thirty of this chapter against such person; or another person or the
commission of the crimes of criminal trespass or burglary, and:

1. such communication facilitates the commission or attempted
commission of a crime other than a class A, B, or C felony and such
crime or attempted crime actually occurs; or

2. such communication involves the dissemination of personal
identifying information concerning a person under the age of eighteen
and the actor is eighteen years old or more; or

3. such communication involves the dissemination of personal
identifying information concerning a person who is a public servant as
defined in subdivision fifteen of section 10.00 of this chapter and
the information is communicated because of the person's position as a
public servant; or

4. he or she does so by knowingly assuming the identity of such
specific person by presenting himself or herself as that specific
person, or by acting as that specific person, or by using personal
identifying information of that specific person.

Electronic Stalking in the second degree is a class D felony

120.75 Electronic Stalking in the first degree

A person is guilty of electronic stalking in the first degree when he
or she, intentionally and for no legitimate purpose makes an
electronic communication that includes personal identifying
information concerning a specific person and knows or reasonably
should know that such communication is likely to cause such person to
reasonably fear the death, serious physical injury, physical injury,
kidnapping, or unlawful imprisonment of such person or another person.
The commission of a sex offense as defined in article one hundred
thirty of this chapter against such person or another person, or the
commission of the crimes of criminal trespass or burglary, and such
communication facilitates the commission or attempted commission of a
class A, B, or C felony and such crime or attempted crime actually
occurs. Electronic stalking in the first degree is a class C felony.

Section 4. Paragraph (P) of subdivision 8 of section 700.05 of the
criminal procedure law, as added by chapter 635 of the laws of 1999,
is amended by adding electronic stalking, in the third degree as
deemed in section 120.65 of the penal law, electronic stalking in the
second degree as deemed in section 120.70 of the penal law, and
electronic stalking in the first degree as defined in section 120.75
of the penal law.

Section 5. Subdivision 8 of section 700.05 of the criminal procedure
law is amended by adding a new paragraph (t) to read as follows:

(t) Disseminating indecent material to a minor in the first degree as
defined in section 235.22 of the penal law, use or a child in a sexual
performance as defined in section 263.05 of the penal law, promoting
an obscene sexual performance by a child as defined in section 263.10
of the penal law, promoting an obscene sexual performance by a child
as defined in section 263.11 of the penal law, promoting a sexual
performance by a child as defined in section 263.16 of the penal law.
Section 6. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of
the penal law , paragraph (b) as amended by section 6 of pact A of
chapter 1 of the laws of 2004 and paragraph (c) as amended by chapter
584 of the laws of2003, are amended by adding:

(b) Class C violent offenses: ... electronic stalking in the first
degree as defined in section §120.75

(c) Class D violent offenses: ...electronic stalking in the second
degree as defined in § 120.70

Section 7. Paragraph (d) of subdivision 7 of section 995 of the
executive law, as amended by chapter 576 of the laws of 2004, is
amended by adding the following:

(d) any of the following felonies, or an attempt thereof where such
attempt is a felony offense:

electronic stalking in the third degree, as defined in section 120.65
of the penal law; electronic stalking in the second degree, as deemed
in section 120.70 of the penal law; electronic stalking in the first
degree, as defined in section 120.75 of the penal law.

Section 8: Subdivision 2 of section 168-a of the correction law is
amended by adding a new paragraph (f) to read as follows:

(f) a conviction for any of the provisions defined in sections 120.65,
120.70, or 120.75 of the penal law, unless upon motion by the
defendant, the trial court, having regard to the nature and
circumstances of the crime and to the history and character of the
defendant, is of the opinion that registration would be unduly harsh
and inappropriate.

 JUSTIFICATION :

Cyber Stalking - or electronic stalking - is the use of the internet
or other electronic means to disseminate, for no legitimate purpose,
personal identifying information about another person. This type of
conduct, which often occurs in the context of domestic or other
personal relationships, is not adequately addressed by current laws.
Cyberstalking that exposes the victim to the risk of physical injury
or other substantial harm should be a felony under the New York Penal
Law.

 PRIOR LEGISLATIVE HISTORY :

2007-08: S.4295/A.4709.  2005-06: A.7031.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2009-S5364 (ACTIVE) - Bill Text download pdf

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

                                  5364

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to  creating  the  crimes of electronic stalking, and adding
  electronic stalking to designated offenses for eavesdropping  warrants
  and  to amend the executive law and the correction law, in relation to
  including a conviction of electronic stalking under  the  requirements
  of  the  state DNA identification index and the sex offender registra-
  tion act

  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 two
new subdivisions 6 and 7 to read as follows:
  6. "ELECTRONIC  COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER  OF  SIGNS,
SIGNALS,  WRITINGS,  IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE
TRANSMITTED IN WHOLE OR IN  PART  BY  A  WIRE,  RADIO,  ELECTROMAGNETIC,
PHOTO-ELECTRONIC,  OR  PHOTO-OPTICAL  SYSTEM.  ELECTRONIC  COMMUNICATION
INCLUDES, BUT IS NOT LIMITED TO,  THE  TRANSFER  OF  THAT  COMMUNICATION
THROUGH THE INTERNET.
  7.  "PERSONAL  IDENTIFYING  INFORMATION"  SHALL  MEAN A PERSON'S NAME,
ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, DRIVER'S LICENSE NUMBER, MOTOR
VEHICLE LICENSE PLATE NUMBER, SOCIAL SECURITY NUMBER, PLACE  OF  EMPLOY-
MENT,  SCHOOL,  MOTHER'S MAIDEN NAME, IMAGE, OR SCHEDULE OF DAILY ACTIV-
ITIES.
  S 2. Subdivision 4 of section 120.55 of the penal law, as  amended  by
chapter 598 of the laws of 2003, is amended to read as follows:
  4. Being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or repeated-
ly  commits acts over a period of time intentionally placing or attempt-
ing to place such person who is under the age of fourteen in  reasonable
fear  of physical injury, serious physical injury [or], death, OR BECOM-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07773-01-9

S. 5364                             2

ING THE VICTIM OF A SEX OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY
OF THIS TITLE; or
  S  3.  The  penal  law is amended by adding three new sections 120.61,
120.62 and 120.63 to read as follows:
S 120.61 ELECTRONIC STALKING IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF ELECTRONIC STALKING IN THE THIRD DEGREE WHEN  HE
OR SHE, INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE, MAKES AN ELECTRONIC
COMMUNICATION  THAT INCLUDES PERSONAL IDENTIFYING INFORMATION CONCERNING
A SPECIFIC PERSON AND KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNI-
CATION IS LIKELY TO CAUSE SUCH PERSON  TO  REASONABLY  FEAR  THE  DEATH,
SERIOUS PHYSICAL INJURY, PHYSICAL INJURY, KIDNAPPING, OR UNLAWFUL IMPRI-
SONMENT  OF  SUCH  PERSON  OR  ANOTHER  PERSON;  THE COMMISSION OF A SEX
OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THIS  TITLE  AGAINST
SUCH PERSON OR ANOTHER PERSON; OR THE COMMISSION OF THE CRIMES OF CRIMI-
NAL TRESPASS OR BURGLARY.
  ELECTRONIC STALKING IN THE THIRD DEGREE IS A CLASS E FELONY.
S 120.62 ELECTRONIC STALKING IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF ELECTRONIC STALKING IN THE SECOND DEGREE WHEN HE
OR SHE, INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE, MAKES AN ELECTRONIC
COMMUNICATION  THAT INCLUDES PERSONAL IDENTIFYING INFORMATION CONCERNING
A SPECIFIC PERSON AND KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNI-
CATION IS LIKELY TO CAUSE SUCH PERSON  TO  REASONABLY  FEAR  THE  DEATH,
SERIOUS PHYSICAL INJURY, PHYSICAL INJURY, KIDNAPPING, OR UNLAWFUL IMPRI-
SONMENT  OF  SUCH  PERSON  OR  ANOTHER  PERSON;  THE COMMISSION OF A SEX
OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THIS  TITLE  AGAINST
SUCH PERSON OR ANOTHER PERSON; OR THE COMMISSION OF THE CRIMES OF CRIMI-
NAL TRESPASS OR BURGLARY, AND:
  1.  SUCH COMMUNICATION FACILITATES THE COMMISSION OR ATTEMPTED COMMIS-
SION OF A CRIME OTHER THAN A CLASS A, B OR C FELONY AND  SUCH  CRIME  OR
ATTEMPTED CRIME ACTUALLY OCCURS; OR
  2. SUCH COMMUNICATION INVOLVES THE DISSEMINATION OF PERSONAL IDENTIFY-
ING  INFORMATION  CONCERNING  A PERSON UNDER THE AGE OF EIGHTEEN AND THE
ACTOR IS EIGHTEEN YEARS OLD OR MORE; OR
  3. SUCH COMMUNICATION INVOLVES THE DISSEMINATION OF PERSONAL IDENTIFY-
ING INFORMATION CONCERNING A PERSON WHO IS A PUBLIC SERVANT  AS  DEFINED
IN SUBDIVISION FIFTEEN OF SECTION 10.00 OF THIS CHAPTER AND THE INFORMA-
TION  IS COMMUNICATED BECAUSE OF THE PERSON'S POSITION AS A PUBLIC SERV-
ANT; OR
  4. HE OR SHE DOES SO  BY  KNOWINGLY  ASSUMING  THE  IDENTITY  OF  SUCH
SPECIFIC  PERSON  BY  PRESENTING  HIMSELF  OR  HERSELF  AS THAT SPECIFIC
PERSON, OR BY ACTING AS THAT SPECIFIC PERSON, OR BY USING PERSONAL IDEN-
TIFYING INFORMATION OF THAT SPECIFIC PERSON.
  ELECTRONIC STALKING IN THE SECOND DEGREE IS A CLASS D FELONY.
S 120.63 ELECTRONIC STALKING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ELECTRONIC STALKING IN THE FIRST DEGREE WHEN  HE
OR SHE, INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE, MAKES AN ELECTRONIC
COMMUNICATION  THAT INCLUDES PERSONAL IDENTIFYING INFORMATION CONCERNING
A SPECIFIC PERSON AND KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNI-
CATION IS LIKELY TO CAUSE SUCH PERSON  TO  REASONABLY  FEAR  THE  DEATH,
SERIOUS PHYSICAL INJURY, PHYSICAL INJURY, KIDNAPPING, OR UNLAWFUL IMPRI-
SONMENT  OF  SUCH  PERSON  OR  ANOTHER  PERSON;  THE COMMISSION OF A SEX
OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THIS  TITLE  AGAINST
SUCH PERSON OR ANOTHER PERSON; OR THE COMMISSION OF THE CRIMES OF CRIMI-
NAL TRESPASS OR BURGLARY; AND SUCH COMMUNICATION FACILITATES THE COMMIS-
SION  OR ATTEMPTED COMMISSION OF A CLASS A, B OR C FELONY AND SUCH CRIME
OR ATTEMPTED CRIME ACTUALLY OCCURS.

S. 5364                             3

  ELECTRONIC STALKING IN THE FIRST DEGREE IS A CLASS C FELONY.
  S  4. Paragraph (p) of subdivision 8 of section 700.05 of the criminal
procedure law, as added by chapter 635 of the laws of 1999,  is  amended
to read as follows:
  (p)  Stalking in the second degree as defined in section 120.55 of the
penal law, [and] stalking in the first  degree  as  defined  in  section
120.60  of  the  penal  law,  ELECTRONIC STALKING IN THE THIRD DEGREE AS
DEFINED IN SECTION 120.61 OF THE PENAL LAW, ELECTRONIC STALKING  IN  THE
SECOND  DEGREE  AS DEFINED IN SECTION 120.62 OF THE PENAL LAW, AND ELEC-
TRONIC STALKING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.63 OF  THE
PENAL LAW.
  S  5. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding a new paragraph (u) to read as follows:
  (U) DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST  DEGREE  AS
DEFINED  IN  SECTION 235.22 OF THE PENAL LAW, USE OF A CHILD IN A SEXUAL
PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, PROMOTING  AN
OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD AS DEFINED IN SECTION 263.10 OF
THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  AS
DEFINED  IN SECTION 263.11 OF THE PENAL LAW, PROMOTING A SEXUAL PERFORM-
ANCE BY A CHILD AS DEFINED IN SECTION  263.15  OF  THE  PENAL  LAW,  AND
POSSESSING  A SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.16
OF THE PENAL LAW.
  S 6. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
penal  law,  paragraph (b) as separately amended by chapters 764 and 765
of the laws of 2005 and paragraph (c) as amended by  chapter  7  of  the
laws of 2007, are amended to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set  forth  in  paragraph  (a);  aggravated  criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in  the  second  degree  as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67,  assault  on  a
peace  officer,  police  officer,  fireman or emergency medical services
professional as defined in section 120.08, gang assault  in  the  second
degree  as  defined  in section 120.06, ELECTRONIC STALKING IN THE FIRST
DEGREE AS DEFINED IN SECTION 120.63, burglary in the  second  degree  as
defined  in  section  140.25, robbery in the second degree as defined in
section 160.10, criminal possession of a weapon in the second degree  as
defined  in  section  265.03,  criminal  use  of a firearm in the second
degree as defined in section 265.08, criminal sale of a firearm  in  the
second  degree  as defined in section 265.12, criminal sale of a firearm
with the aid of a minor as defined  in  section  265.14,  soliciting  or
providing support for an act of terrorism in the first degree as defined
in  section  490.15,  hindering  prosecution  of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon  in  the  third  degree  as  defined  in
section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of  section  120.60,  ELECTRONIC  STALKING  IN  THE FIRST DEGREE AS
DEFINED IN SECTION 120.63, rape in  the  second  degree  as  defined  in
section  130.30,  criminal sexual act in the second degree as defined in
section 130.45, sexual abuse in the first degree as defined  in  section
130.65, course of sexual conduct against a child in the second degree as

S. 5364                             4

defined  in  section 130.80, aggravated sexual abuse in the third degree
as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
controlled  substance  as defined in section 130.90, criminal possession
of  a  weapon  in  the third degree as defined in subdivision five, six,
seven or eight of section 265.02, criminal sale  of  a  firearm  in  the
third  degree  as  defined  in  section 265.11, intimidating a victim or
witness in the second degree as defined in section 215.16, soliciting or
providing support for an act  of  terrorism  in  the  second  degree  as
defined in section 490.10, and making a terroristic threat as defined in
section  490.20,  falsely  reporting  an incident in the first degree as
defined in section 240.60, placing a false bomb or  hazardous  substance
in  the  first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined  in  section  240.63,  and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  S  7.  Paragraph  (d) of subdivision 7 of section 995 of the executive
law, as amended by chapter 2 of the laws of 2006, is amended to read  as
follows:
  (d)  any  of  the following felonies, or an attempt thereof where such
attempt is a felony offense:
  aggravated assault upon a  person  less  than  eleven  years  old,  as
defined  in  section  120.12  of  the  penal  law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of  the
penal  law;  ELECTRONIC  STALKING  IN  THE  THIRD  DEGREE, AS DEFINED IN
SECTION 120.61 OF THE PENAL  LAW;  ELECTRONIC  STALKING  IN  THE  SECOND
DEGREE, AS DEFINED IN SECTION 120.62 OF THE PENAL LAW; ELECTRONIC STALK-
ING  IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.63 OF THE PENAL LAW;
criminally negligent homicide, as defined in section 125.10 of the penal
law; vehicular manslaughter in the second degree, as defined in  section
125.12  of the penal law; vehicular manslaughter in the first degree, as
defined in section 125.13 of the penal law; persistent sexual abuse,  as
defined  in  section 130.53 of the penal law; aggravated sexual abuse in
the fourth degree, as defined in section  130.65-a  of  the  penal  law;
female  genital  mutilation,  as  defined in section 130.85 of the penal
law; facilitating a sex offense with a controlled substance, as  defined
in  section  130.90 of the penal law; unlawful imprisonment in the first
degree, as defined in section 135.10 of the penal law; custodial  inter-
ference  in  the first degree, as defined in section 135.50 of the penal
law; criminal trespass in the first degree, as defined in section 140.17
of the penal law; criminal tampering in the first degree, as defined  in
section  145.20  of  the penal law; tampering with a consumer product in
the first degree, as defined in section 145.45 of the penal law; robbery
in the third degree as defined in section 160.05 of the penal law; iden-
tity theft in the second degree, as defined in  section  190.79  of  the
penal  law;  identity  theft  in the first degree, as defined in section
190.80 of the penal  law;  promoting  prison  contraband  in  the  first
degree,  as defined in section 205.25 of the penal law; tampering with a
witness in the third degree, as defined in section 215.11 of  the  penal
law;  tampering  with  a  witness  in  the  second degree, as defined in
section 215.12 of the penal law; tampering with a witness in  the  first
degree, as defined in section 215.13 of the penal law; criminal contempt
in  the  first  degree,  as  defined in subdivisions (b), (c) and (d) of
section 215.51 of  the  penal  law;  aggravated  criminal  contempt,  as

S. 5364                             5

defined  in  section 215.52 of the penal law; bail jumping in the second
degree, as defined in section 215.56 of the penal law; bail  jumping  in
the first degree, as defined in section 215.57 of the penal law; patron-
izing a prostitute in the second degree, as defined in section 230.05 of
the  penal law; patronizing a prostitute in the first degree, as defined
in section 230.06 of the penal law; promoting prostitution in the second
degree, as defined in section 230.30 of the penal law; promoting prosti-
tution in the first degree, as defined in section 230.32  of  the  penal
law;  compelling prostitution, as defined in section 230.33 of the penal
law; disseminating indecent [materials] MATERIAL to minors in the second
degree, as defined in section 235.21 of  the  penal  law;  disseminating
indecent  [materials] MATERIAL to minors in the first degree, as defined
in section 235.22 of the penal law; riot in the first degree, as defined
in section 240.06 of the penal law;  criminal  anarchy,  as  defined  in
section 240.15 of the penal law; aggravated harassment of an employee by
an  inmate,  as  defined  in  section  240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45  of  the
penal  law;  unlawful  surveillance  in  the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law;  use  of  a
child in a sexual performance, as defined in section 263.05 of the penal
law;  promoting  an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene  sexual  perform-
ance  by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a  child,  as  defined  in
section  263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the  penal  law;  criminal
sale  of  a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to  a  minor,  as  defined  in
section  265.16  of  the  penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes  as  defined  in
section  485.05  of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law; or
  S 8. Subdivision 2 of section 168-a of the correction law  is  amended
by adding a new paragraph (f) to read as follows:
  (F) A CONVICTION FOR ANY OF THE PROVISIONS DEFINED IN SECTIONS 120.61,
120.62, OR 120.63 OF THE PENAL LAW, UNLESS UPON MOTION BY THE DEFENDANT,
THE  TRIAL  COURT,  HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE
CRIME AND TO THE HISTORY AND CHARACTER OF THE DEFENDANT, IS OF THE OPIN-
ION THAT REGISTRATION WOULD BE UNDULY HARSH AND INAPPROPRIATE.
  S 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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