A01157 Summary:

BILL NO    A01157 

SAME AS    No same as 

SPONSOR    Lavine (MS)

COSPNSR    Thiele, Titus, Schimel, Jaffee, Weprin, Gunther, Miller, Giglio,
           Galef, Benedetto, Raia

MLTSPNSR   Abbate, Ceretto, Duprey, Finch, Lupardo, McKevitt, Montesano, Ra,
           Saladino, Schimminger, Simanowitz, Titone

Add SS120.27, 120.28, 190.28 & 190.29, Pen L

Establishes the offenses of cyber assault in the first and second degrees and
cyber impersonation in the first and second degrees.
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A01157 Actions:

BILL NO    A01157 

01/08/2015 referred to codes
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A01157 Votes:

There are no votes for this bill in this legislative session.
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A01157 Memo:

BILL NUMBER:A1157

TITLE OF BILL:

An act to amend the penal law, in relation to establishing the
offenses of cyber assault in the first degree, cyber assault in the
second degree, cyber impersonation in the first degree and cyber
impersonation in the second degree

PURPOSE OR GENERAL IDEA OF BILL:

To create an effective deterrent to eliminate the dangerous practice
of cyber assault.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: adds two new sections to the penal law; 120.27, creating
the crime of cyber assault in the first degree and 120,28, creating
the crime of cyber assault in the second degree,

Section 2: adds two new sections to the penal law; 190.28, creating
cyber impersonation in the first degree and 190.29, creating cyber
impersonation in the second degree.

Section 3: This act shall take effect on the first November next
succeeding the date in which has become law.

JUSTIFICATION:

In the wake of a growing epidemic of adolescent suicide caused by
cyberbullying, which has become a problem nationwide, one thing is
clear in our society today: newer and more insidious threats exist
against our children both in school and at home. It is essential that
we act together to limit their destructive power.

The dangers of bullying to our kids in their schools and in the online
social networks present an unprecedented challenge to their safety,
Our ability to protect them through the law has not kept pace with the
speed of our technological advancement.

It is terribly sad that children are taking their own lives because of
incessant internet harassment. Whether they are victimized because of
how they look or how they behave, or in many cases, for their
perceived sexual orientation, it is time to fight to put the legal
framework in place to protect them from the bullies at school and from
cowards lurking behind their computers.

In today's world, we all need to appreciate that hateful conduct can
be just as damaging whether on a computer or in person. We grieve for
the loss of those who have been victimized by cyberbullying. Let us
work together to take the necessary steps to eradicate this epidemic
from our society once and for all.

PRIOR LEGISLATIVE HISTORY:

2013-14; A2558


FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the
date on which it shall become law
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A01157 Text:

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

                                         1157

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    January 8, 2015
                                      ___________

       Introduced  by M. of A. LAVINE, THIELE, ROBERTS, TITUS, SCHIMEL, JAFFEE,
         WEPRIN, GUNTHER, MILLER, GIGLIO, GALEF, BENEDETTO, RAIA -- Multi-Spon-
         sored by -- M. of A.  ABBATE, CERETTO, DUPREY, FINCH, LUPARDO,  McKEV-
         ITT,  MONTESANO, RA, SALADINO, SCHIMMINGER, SIMANOWITZ, TITONE -- read
         once and referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to establishing the  offenses
         of  cyber  assault  in  the  first degree, cyber assault in the second
         degree, cyber impersonation in the first degree and  cyber  impersona-
         tion in the second degree

         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 two new sections  120.27
    2  and 120.28 to read as follows:
    3  S 120.27 CYBER ASSAULT IN THE FIRST DEGREE.
    4    A PERSON IS GUILTY OF CYBER ASSAULT IN THE FIRST DEGREE WHEN HE OR SHE
    5  COMMITS  THE  CRIME  OF CYBER ASSAULT IN THE SECOND DEGREE AS DEFINED BY
    6  SECTION 120.28 OF THIS ARTICLE AND SUCH PERSON:
    7    1. IS OVER NINETEEN YEARS OF AGE; OR
    8    2. HAS PREVIOUSLY BEEN CONVICTED OF VIOLATING SECTION 120.28  OF  THIS
    9  ARTICLE.
   10    CYBER ASSAULT IN THE FIRST DEGREE IS A CLASS D FELONY.
   11  S 120.28 CYBER ASSAULT IN THE SECOND DEGREE.
   12    1. A PERSON IS GUILTY OF CYBER ASSAULT IN THE SECOND DEGREE WHEN HE OR
   13  SHE  TRANSMITS ANY COMMUNICATION, WITH THE INTENT TO COERCE, INTIMIDATE,
   14  HARASS, ANNOY, ALARM OR CAUSE EMOTIONAL DISTRESS, TO ANOTHER USING ELEC-
   15  TRONIC MEANS TO SUPPORT SEVERE, REPEATED AND HOSTILE BEHAVIOR, AND  SUCH
   16  PERSON IS UNDER NINETEEN YEARS OF AGE.
   17    2. FOR THE PURPOSES OF THIS SECTION, THE TERM
   18    A.  "COMMUNICATION" SHALL MEAN THE ELECTRONIC TRANSMISSION, BETWEEN OR
   19  AMONG POINTS SPECIFIED BY THE USER, OR INFORMATION OF THE USER'S  CHOOS-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02869-01-5
       A. 1157                             2

    1  ING,  WITHOUT  CHANGE  IN THE FORM OR CONTENT OF THE INFORMATION AS SENT
    2  AND RECEIVED; AND
    3    B. "ELECTRONIC MEANS" SHALL MEAN ANY EQUIPMENT DEPENDENT ON ELECTRONIC
    4  POWER  TO  ACCESS  AN INFORMATION SERVICE, INCLUDING, BUT NOT LIMITED TO
    5  E-MAIL,  INSTANT  MESSAGING,  BLOGS,  WEBSITES,  TELEPHONES   AND   TEXT
    6  MESSAGES.
    7    CYBER ASSAULT IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
    8    S  2.  The  penal law is amended by adding two new sections 190.28 and
    9  190.29 to read as follows:
   10  S 190.28 CYBER IMPERSONATION IN THE FIRST DEGREE.
   11    A PERSON IS GUILTY OF CYBER IMPERSONATION IN THE FIRST DEGREE WHEN  HE
   12  OR SHE:
   13    1.  IS OVER NINETEEN YEARS OF AGE, AND
   14    2. KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF ANOTH-
   15  ER PERSON, AND
   16    3.  COMMITS THE CRIME OF CYBER ASSAULT AS DEFINED IN SECTION 120.27 OR
   17  120.28 OF THIS PART OR COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS
   18  AN ACCESSORY TO THE COMMISSION OF A FELONY.
   19    CYBER IMPERSONATION IN THE FIRST DEGREE IS A CLASS D FELONY.
   20  S 190.29 CYBER IMPERSONATION IN THE SECOND DEGREE.
   21    A PERSON IS GUILTY OF CYBER IMPERSONATION IN THE SECOND DEGREE WHEN HE
   22  OR SHE:
   23    1. IS UNDER NINETEEN YEARS OF AGE, AND
   24    2. KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF ANOTH-
   25  ER PERSON, AND
   26    3. COMMITS THE CRIME OF CYBER ASSAULT AS DEFINED IN SECTION 120.27  OR
   27  120.28 OF THIS PART OR COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS
   28  AN ACCESSORY TO THE COMMISSION OF A FELONY.
   29    CYBER IMPERSONATION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   30    S 3. This act shall take effect on the first of November next succeed-
   31  ing the date on which it shall have become a law.
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