Redefines the term "following" for a crime of stalking in the fourth degree to include the use of certain devices or computers to gain access to, record, track or report the movement or location of a person or their property without the person's permission or authority to do so.
STATE OF NEW YORK
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3519
2025-2026 Regular Sessions
IN SENATE
January 28, 2025
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to redefining the term
"following" for a crime of stalking in the fourth degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The second undesignated paragraph of section 120.45 of the
2 penal law, as added by chapter 184 of the laws of 2014, is amended to
3 read as follows:
4 For the purposes of subdivision two of this section, "following" shall
5 include the unauthorized tracking of such person's movements or location
6 through the use [of a global positioning system or other device], place-
7 ment, attachment or insertion of any device or computer software,
8 program, spyware, malware or adware that gains access to, records,
9 tracks or reports a movement or location of a person or their property
10 without the person's permission or authority to do so. A person's
11 employer utilizing location or tracking technology during the normal
12 course of business or pursuant to an employment agreement shall not
13 constitute stalking under this statute.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05255-01-5
