NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9061
SPONSOR: Simon TITLE OF BILL:
An act to amend the penal law, in relation to creating the crime of
aggravated harassment of a survivor of domestic violence or sexual
assault
PURPOSE:
To better protect survivors of domestic violence and sexual .abuse from
cyberbullying
SUMMARY OF PROVISIONS:
Section 1: Amends the Penal Law to add a new section 240.33 Aggravated
harassment of a survivor of domestic violence or sexual assault. A
person is guilty of aggravated harassment of a survivor of domestic
violence or sexual assault when he or she commits the crime of aggra-
vated harassment in the second degree with a belief or perception that
the victim is a survivor of domestic violence or sexual assault. Aggra-
vated harassment of a survivor of domestic violence or sexual assault is
a class E felony.
Section 2: Effective date
JUSTIFICATION:
For people who have survived the trauma of domestic violence or sexual
assault, the consequences of cyberbullying (codified in the penal law as
aggravated harassment in the second degree) can be devastating. If some-
one knowingly cyberbullies a survivor of domestic violence or sexual
assault, he or she should face harsher penalties to reflect the
increased damage his or her actions can do to the victim.
LEGISLATIVE HISTORY:
2023-24:A7922Simon S2789 Skoufis -referred tocodes
2021-22:A8687Barnwell S1880 Skoufis -referredto codes
2020 - S.8080Reported and Committed to Codes/ No Assembly Same-as
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
9061
2025-2026 Regular Sessions
IN ASSEMBLY
September 5, 2025
___________
Introduced by M. of A. SIMON -- 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 survivor of domestic violence or sexual
assault
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 240.34 to
2 read as follows:
3 § 240.34 Aggravated harassment of a survivor of domestic violence or
4 sexual assault.
5 A person is guilty of aggravated harassment of a survivor of domestic
6 violence or sexual assault when such person commits the crime of aggra-
7 vated harassment in the second degree as defined by subdivision one of
8 section 240.30 of this article with a belief or perception that such
9 other person is the victim of or is a survivor of domestic violence or
10 sexual assault.
11 Aggravated harassment of a survivor of domestic violence or sexual
12 assault is a class E felony.
13 § 2. This act shall take effect on the first of November next succeed-
14 ing the date upon which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06487-01-5
