A01157 Summary:

BILL NOA01157
 
SAME ASNo Same As
 
SPONSORLavine
 
COSPNSRThiele, Titus, Schimel, Jaffee, Weprin, Gunther, Miller, Giglio, Galef, Benedetto, Raia
 
MLTSPNSRAbbate, 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 NOA01157
 
01/08/2015referred to codes
01/06/2016referred to codes
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A01157 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1157
 
SPONSOR: Lavine (MS)
  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 cyber- bullying, 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 togeth- er 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 lurk- ing 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1157
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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  § 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  § 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    §  2.  The  penal law is amended by adding two new sections 190.28 and
     9  190.29 to read as follows:
    10  § 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  § 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    § 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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