Establishes offense for the electronic stalking of minors within the class A misdemeanor of stalking in the third degree; establishes offenses of criminal impersonation by electronic means; includes harassment by electronic means within the class A misdemeanor of aggravated harassment in the second degree.

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S6132-2011 Actions

• Jun 20, 2012: referred to codes
• Jun 20, 2012: DELIVERED TO ASSEMBLY
• Jun 20, 2012: PASSED SENATE
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1380
• Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 5, 2012: PRINT NUMBER 6132A
• Jun 5, 2012: AMEND AND RECOMMIT TO CODES
• Jan 4, 2012: REFERRED TO CODES

S6132-2011 Votes

S6132-2011 Memo

BILL NUMBER:S6132

TITLE OF BILL:

An act
to amend the penal law, in relation to the electronic stalking of a
minor, criminal impersonation by means of electronic
communications and aggravated harassment by means of electronic
communication

PURPOSE:

This anti-cyberbullying legislation will: create a new penal law
definition of "electronic communication"; a stalking in the third
degree offense when a person intentionally engages in a course of
conduct using electronic communication directed at a child under the
age of 21, causing reasonable fear of or actual harm to the child;
and an aggravated harassment in the second degree offense for
electronic communication transmitted with the intent to harass,
annoy, threaten or alarm another person.

SUMMARY OF PROVISIONS:

Section 1. Amends section 120.40 of the penal law by adding a new
subdivision 6 that defines "electronic communication" 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-optional system.
Electronic communication shall include, but not be limited to, the
transfer of such communications through the internet.

Section 2. Amends section 120.50 of the penal law by adding a new
subdivision 5, which states a person is guilty of stalking in the
third degree when he or she intentionally, and for no legitimate
purpose, engages in a course of conduct using electronic
communication directed at a child under the age of twenty-one years,
and knows or reasonably should know that such conduct: (a) causes
reasonable fear of material harm to the physical health, safety or
property of such child; or (b) causes material harm to the physical
health, emotional health, safety or property of such child.

For the purposes of this paragraph, a single electronic communication,
transmitted to multiple recipients, may be deemed to be a course of
conduct directed at a child under the age of twenty-one years even
though such communication was not received by such a child.

Section 3. Amends the penal law by adding a new subdivision 5 to
section 190.25 which states a person is guilty of criminal
impersonation in the second degree, an A misdemeanor, when he or she
impersonates another person by electronic communication, and thereby
commits a misdemeanor. For the purposes of this subdivision,

"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-optional system.
Electronic communication shall include, but not be limited to, the
transfer of such communications through the Internet.

Section 4. Amends the penal law by adding a new subdivision 4 to
section 190.26 which states a person is guilty of criminal
impersonation in the first degree, an E felony, when he or she
impersonates another person by electronic communication, and thereby
commits a felony. For the purposes of this subdivision, "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, photoelectronic
or photo-optional system. Electronic communication shall include, but
not be limited to, the transfer of such communication through the
Internet.

Section 5. Amends section 240.00 of the penal law by adding a new
subdivision 7 that defines "electronic communication" 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, photoelectronic or photo-optional system. Electronic
communication shall include, but not be limited to, the transfer of
such communications through the internet.

Section 6. Amends subdivision 1 of section 240.30 of the penal law
to add electronic communications to telephone, telegraph, mail and
recordings as eligible modes of transmission for the offense of
aggravated harassment in the second degree.

Section 7. Effective date.

JUSTIFICATION:

With the rapid development of information and communication
technologies, a new form of bullying has emerged known as
cyberbullying. With the use of cell phones and social networking
sites, adolescent cruelty has been amplified and shifted from school
yards and hallways to the Internet, where a nasty, profanity-laced
comment, complete with an embarrassing photo, can be viewed by a
potentially limited number of people, both known and unknown.

In addition to causing substantial psychological harm and emotional
distress, cyberbullying has been blamed for nearly a dozen teen
suicides. In September 2011, New Yorker Jamey Rodemeyer, a 14-year
old boy from Williamsville, near Buffalo, NY, took his life after
what his parents claim was yeas of bullying because of struggles with
his sexuality.

This bill expands the existing crimes of stalking in the third degree
and aggravated harassment in the second degree to include
cyberbullying. Both offenses are class A misdemeanors, but are
eligible to be elevated to felonies if additional hate crime criteria
are present. The stalking offense will apply to conduct committed
against individuals under the age of 21, but the aggravated
harassment amendment will protect New Yorkers of all ages.

Existing laws in the state of New York are not currently adequate
to properly address this
new and emerging problem of cyberbullying. This bill seeks to bring
the state's stalking and harassment statutes up-to-date, give
bullies a
concrete reason to quit their online antics, and provide victims and
prosecutors with laws that can be enforced against this new breed of
bully.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

S6132-2011 Text

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

                                    6132

                              I N  SENATE

                                 (PREFILED)

                               January 4, 2012
                                 ___________

  Introduced  by  Sens. KLEIN, CARLUCCI, SAVINO, VALESKY -- 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 the electronic stalking of
    a  minor, criminal impersonation by means of electronic communications
    and aggravated harassment by means of electronic communication

    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. "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-OPTIONAL  SYSTEM.   ELECTRONIC COMMUNICATION
  SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  TRANSFER  OF  SUCH  COMMUNI-
  CATIONS THROUGH THE INTERNET.
    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.  INTENTIONALLY,  AND FOR NO LEGITIMATE PURPOSE, ENGAGES IN A COURSE
  OF CONDUCT USING ELECTRONIC COMMUNICATION DIRECTED AT A CHILD UNDER  THE
  AGE  OF  TWENTY-ONE YEARS, AND KNOWS OR REASONABLY SHOULD KNOW THAT SUCH
  CONDUCT:

    (A) CAUSES REASONABLE FEAR OF MATERIAL HARM TO  THE  PHYSICAL  HEALTH,
  SAFETY OR PROPERTY OF SUCH CHILD; OR
    (B)  CAUSES  MATERIAL  HARM  TO THE PHYSICAL HEALTH, EMOTIONAL HEALTH,
  SAFETY OR PROPERTY OF SUCH CHILD.
    FOR THE PURPOSES OF THIS PARAGRAPH, A SINGLE ELECTRONIC  COMMUNICATION
  TRANSMITTED  TO  MULTIPLE  RECIPIENTS,  MAY  BE DEEMED TO BE A COURSE OF

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08402-06-2

 S. 6132                             2

  CONDUCT DIRECTED AT A CHILD UNDER  THE  AGE  OF  TWENTY-ONE  YEARS  EVEN
  THOUGH SUCH COMMUNICATION WAS NOT RECEIVED BY SUCH A CHILD.
    S  3.  Paragraph  (b)  of  subdivision  3 and subdivision 4 of section
  190.25 of the penal law, paragraph (b) of subdivision 3  as  amended  by
  chapter 27 of the laws of 1980 and subdivision 4 as added by chapter 304
  of  the  laws  of  2008, are amended and a new subdivision 5 is added to
  read as follows:

    (b) so acts with intent to induce another to submit to such  pretended
  official  authority,  to  solicit funds or to otherwise cause another to
  act in reliance upon that pretense[.]; OR
    4. Impersonates another by communication by internet website or  elec-
  tronic means with intent to obtain a benefit or injure or defraud anoth-
  er, or by such communication pretends to be a public servant in order to
  induce  another  to  submit to such authority or act in reliance on such
  pretense[.]; OR
    5. IMPERSONATES ANOTHER PERSON BY ELECTRONIC COMMUNICATION, AND THERE-
  BY COMMITS A MISDEMEANOR. FOR THE PURPOSES OF THIS  SUBDIVISION,  "ELEC-
  TRONIC  COMMUNICATION"  SHALL MEAN ANY TRANSFER OF SIGNS, SIGNALS, WRIT-
  INGS, IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE TRANSMITTED  IN
  WHOLE  OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTO-ELECTRONIC OR
  PHOTO-OPTIONAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE,  BUT  NOT
  BE LIMITED TO, THE TRANSFER OF SUCH COMMUNICATIONS THROUGH THE INTERNET.
    S  4.  Subdivision  3  of section 190.26 of the penal law, as added by
  chapter 2 of the laws of 1998, is amended and a  new  subdivision  4  is
  added to read as follows:

    3.  Pretending to be a duly licensed physician or other person author-
  ized to issue a prescription for any drug or any  instrument  or  device
  used in the taking or administering of drugs for which a prescription is
  required by law, communicates to a pharmacist an oral prescription which
  is  required  to  be reduced to writing pursuant to section thirty-three
  hundred thirty-two of the public health law[.]; OR
    4. IMPERSONATES ANOTHER PERSON BY ELECTRONIC COMMUNICATION, AND THERE-
  BY COMMITS A FELONY. FOR THE PURPOSES OF THIS  SUBDIVISION,  "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-OPTIONAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE,  BUT  NOT
  BE LIMITED TO, THE TRANSFER OF SUCH COMMUNICATIONS THROUGH THE INTERNET.
    S 5. Section 240.00 of the penal law is amended by adding a new subdi-
  vision 7 to read as follows:

    7.  "ELECTRONIC  COMMUNICATION"  MEANS 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-OPTIONAL SYSTEM.   ELECTRONIC COMMUNICATION SHALL INCLUDE, BUT
  NOT BE LIMITED TO, THE  TRANSFER  OF  SUCH  COMMUNICATIONS  THROUGH  THE
  INTERNET.
    S  6.  Subdivision 1 of section 240.30 of the penal law, as amended by
  chapter 510 of the laws of 2008, is amended to read as follows:

    1. Either (a) communicates with a person, anonymously or otherwise, by
  telephone, BY ELECTRONIC COMMUNICATION, 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  otherwise  with  a person, anonymously or otherwise, by tele-
  phone, BY ELECTRONIC COMMUNICATION, by telegraph,  or  by  mail,  or  by

 S. 6132                             3

  transmitting or delivering any other form of written communication, in a
  manner likely to cause annoyance or alarm; or
    S 7. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.