Redefines the term "following" for a crime of stalking in the fourth degree to include the use of certain devices or computers to gain access to, record, track or report the movement or location of a person or their property without the person's permission or authority to do so.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8076
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the penal law, in relation to redefining the term
"following" for a crime of stalking in the fourth degree
PURPOSE::
The purpose of this bill is to further define "following" under
subsection 2.
SUMMARY OF PROVISIONS::
Section 1: Adds a clearer definition to the term "following" pursuant to
subdivision 2, to section 120.45 to include when a person "places
inserts or attaches any device or computer software, program, spyware,
malware or adware that gains access to records, tracks, or reports, a
person's movement or location without the permission or authority of the
person. For purposes of this section, property owned by a person's
employer shall not constitute Stalking under this statute.
JUSTIFICATION::
As technology advances, nefarious individuals continue to apply.devices
and computer software to track and locate persons without their permis-
sion. Such activities have resulted in numerous criminal actions against
unsuspecting victims. By clarifying the term "following" wider the stat-
ute, the use of modem computer technologies to stalk is now prohibited.
LEGISLATIVE HISTORY::
2023-24: A.7851- Referred to Codes; S.5505 - Passed Senate
FISCAL IMPLICATIONS::
None
EFFECTIVE DATE::
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8076
2025-2026 Regular Sessions
IN ASSEMBLY
April 24, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to redefining the term
"following" for a crime of stalking in the fourth degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The second undesignated paragraph of section 120.45 of the
2 penal law, as added by chapter 184 of the laws of 2014, is amended to
3 read as follows:
4 For the purposes of subdivision two of this section, "following" shall
5 include the unauthorized tracking of such person's movements or location
6 through the use [of a global positioning system or other device], place-
7 ment, attachment or insertion of any device or computer software,
8 program, spyware, malware or adware that gains access to, records,
9 tracks or reports a movement or location of a person or their property
10 without the person's permission or authority to do so. A person's
11 employer utilizing location or tracking technology during the normal
12 course of business or pursuant to an employment agreement shall not
13 constitute stalking under this statute.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05255-01-5
