Amd SS120.40, 120.50, 190.25, 190.26, 240.00 & 240.30, Pen L
Establishes offense for the electronic stalking of minors within the class A misdemeanor of stalking in the third degree; establishes offenses of criminal impersonation by electronic means; includes harassment by electronic means within the class A misdemeanor of aggravated harassment in the second degree.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4171
SPONSOR: Scarborough (MS) TITLE OF BILL: An act to amend the penal law, in relation to the
electronic stalking of a minor, criminal impersonation by means of elec-
tronic communications and aggravated harassment by means of electronic
communication
PURPOSE: This anti-cyberbullying legislation will: create a new penal
law definition of "electronic communication"; a stalking in the third
degree offense when a person intentionally engages in a course of
conduct using electronic communication directed at a child under the age
of 21, causing reasonable fear of or actual harm to the child; and an
aggravated harassment in the second degree offense for electronic commu-
nication transmitted with the intent to harass, annoy, threaten or alarm
another person.
SUMMARY OF PROVISIONS:
Section 1. Amends section 120.40 of the penal law by adding a new subdi-
vision 6 that defines "electronic communication" any transfer of signs,
signals, writings, images, sounds, data or intelligence of any nature
transmitted in whole or in part by a wire, radio, electromagnetic,
photo-electronic or photo-optional system. Electronic communication
shall include, but not be limited to, the transfer of such communi-
cations through the internet.
Section 2. Amends section 120.50 of the penal law by adding a new subdi-
vision 5, which states a person is guilty of stalking in the third
degree when he or she intentionally, and for no legitimate purpose,
engages in a course of conduct using electronic communication directed
at a child under the age of twenty-one years, and such conduct is likely
to cause such child a reasonable fear of material harm to his or her
physical health, safety or property or is likely to cause material harm
to the physical health, emotional health, safety or property of such
child.
For the purposes of this subdivision, any electronic communications
directed at a child under the age of twenty-one years and transmitted to
multiple recipients need not be received by the child at whom such
communications are directed.
Section 3. Amends the penal law by adding a new subdivision 5 to section
190.25 which states a person is guilty of criminal impersonation in the
second degree, an A misdemeanor, when he or she impersonates another
person by electronic communication, and thereby commits a misdemeanor.
For the purposes of this subdivision, "electronic communication" shall
mean any transfer of signs, signals, writings, images, sounds, data or
Existing laws in the state of New York are not currently adequate to
properly address this new and emerging problem of cyberbullying. This
bill seeks to bring the states stalking and harassment statutes up-to-
date, give bullies a concrete reason to quit their online antics, and
provide victims and prosecutors with laws that can be enforced against
this new breed of bully.
LEGISLATIVE HISTORY: 2012: Referred to Codes; Amend and recommit to
codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.
