BILL NO A06175
SAME AS No same as
SPONSOR Tedisco (MS)
COSPNSR McDonough
MLTSPNSR Hawley, Kolb
Add S240.33, Pen L
Creates the crime of aggravated harassment of a family member of a person in
active military service of the United States and makes such crime a class E
felony.
BILL NUMBER:A6175
TITLE OF BILL: An act to amend the penal law, in relation to creating
the crime of aggravated harassment of a family member of a person in
active military service
PURPOSE OR GENERAL IDEA OF BILL:
Creates the crime of aggravated harassment of a family member of a
person in active military service.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The penal law is amended by adding a new section 240.33.
1. A person is guilty of aggravated harassment of a family member of a
person in active military service when, with intent to harass, annoy,
threaten or alarm another person, he or she either:
a) communicates with a person, who at the time of communication, has a
family member in active military service of the United States
anonymously or otherwise, by telephone, or by telegraph, mail, or any
other form of written communication, in a manner likely to cause
annoyance or alarm and such communication relates to the military
service of such person's family member, or
b) causes a communication to be initiated by mechanical or electronic
means or otherwise with a person, who at the time of communication has
a family member in active military service of the United States
anonymously or otherwise, by telephone, or by telegraph, mail, or any
other form of written communication, in a manner likely to cause
annoyance or alarm and such communication relates to the military
service of such person's family member.
2. Family member means husband, wife, son, daughter, father, mother of
a person. Aggravated harassment shall be a class E felony.
JUSTIFICATION:
This bill would make the crime of aggravated harassment a class E
felony, punishable by 1 1/3 to 4 years in prison. Making a call, with
intent to harass, annoy, threaten or alarm, which starts a rumor about
a service member's death, injury or capture, is cruel and heartless.
Individuals who knowingly and purposely make calls falsely reporting
these events should be punished. Our service men and women represent
the best of what we, as a nation, have to offer. Their families and
loved ones face enough pain and anxiety just knowing that they are in
harm's way in a foreign country, putting their lives on the line.
These families need to be protected from those who would create such
devastating emotional pain through false reports.
PRIOR LEGISLATIVE HISTORY:
2012: A.1510; Held for consideration in codes
2011: A.1510; Referred to Codes
2010: A.10513; Referred to Codes
2008: A.5352; Held for consideration in Codes
2007: A.5352; Referred to Codes
2006: A.2907; Held for consideration in Codes
2005: A.2907; Referred to Codes
2004: A.10754; Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
On the first of November next succeeding the date on which it shall
have become law.
S T A T E O F N E W Y O R K
________________________________________________________________________
6175
2013-2014 Regular Sessions
I N A S S E M B L Y
March 15, 2013
___________
Introduced by M. of A. TEDISCO, McDONOUGH -- Multi-Sponsored by -- M. of
A. HAWLEY, KOLB -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of
aggravated harassment of a family member of a person in active mili-
tary service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The penal law is amended by adding a new section 240.33 to
2 read as follows:
3 S 240.33 AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A PERSON IN ACTIVE
4 MILITARY SERVICE.
5 1. A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A
6 PERSON IN ACTIVE MILITARY SERVICE WHEN, WITH INTENT TO HARASS, ANNOY,
7 THREATEN OR ALARM ANOTHER PERSON, HE OR SHE EITHER:
8 (A) COMMUNICATES WITH A PERSON, WHO AT THE TIME OF THE COMMUNICATION
9 HAS A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES, AS
10 SUCH TERM IS DEFINED IN SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY OR
11 OTHERWISE, BY TELEPHONE, OR BY TELEGRAPH, MAIL OR ANY OTHER FORM OF
12 WRITTEN COMMUNICATION, IN A MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM
13 AND SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH PERSON'S
14 FAMILY MEMBER; OR
15 (B) CAUSES A COMMUNICATION TO BE INITIATED BY MECHANICAL OR ELECTRONIC
16 MEANS OR OTHERWISE WITH A PERSON, WHO AT THE TIME OF THE COMMUNICATION
17 HAS A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES, AS
18 SUCH TERM IS DEFINED IN SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY OR
19 OTHERWISE, BY TELEPHONE, OR BY TELEGRAPH, MAIL OR ANY OTHER FORM OF
20 WRITTEN COMMUNICATION, IN A MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM
21 AND SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH PERSON'S
22 FAMILY MEMBER.
23 2. FOR THE PURPOSES OF THIS SECTION, "FAMILY MEMBER" MEANS THE
24 HUSBAND, WIFE, SON, DAUGHTER, FATHER OR MOTHER OF A PERSON.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05783-01-3
A. 6175 2
1 AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A PERSON IN ACTIVE MILI-
2 TARY SERVICE IS A CLASS E FELONY.
3 S 2. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
