STATE OF NEW YORK
________________________________________________________________________
2946
2009-2010 Regular Sessions
IN ASSEMBLY
January 22, 2009
___________
Introduced by M. of A. KOLB, ALFANO, FINCH, McKEVITT, MOLINARO, WALKER,
ERRIGO -- Multi-Sponsored by -- M. of A. BARCLAY, CALHOUN, CROUCH,
GABRYSZAK, HAWLEY, OAKS, WEISENBERG -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to obstructing telephonic or
electronic communication for immediate assistance
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 270.18 to
2 read as follows:
3 § 270.18 Obstructing a telephonic or electronic communication for imme-
4 diate assistance.
5 1. A person is guilty of obstructing a telephonic or electronic commu-
6 nication for immediate assistance when, with intent to delay or prevent
7 a person from seeking immediate assistance from a 911 or other emergency
8 service, or with intent to delay or prevent a person who reasonably
9 fears imminent physical injury or property damage from seeking immediate
10 assistance, he or she:
11 (a) knowingly impedes, obstructs or prevents such person from initiat-
12 ing a telephonic or electronic communication for immediate assistance;
13 or
14 (b) knowingly disrupts or terminates a telephonic or electronic commu-
15 nication for immediate assistance initiated by such person; or
16 (c) knowingly removes, damages, or disables equipment otherwise capa-
17 ble of initiating a telephonic or electronic communication.
18 2. For purposes of this section:
19 (a) the term "telephonic communication" means telephonic communication
20 as defined in subdivision three of section 250.00 of this chapter.
21 (b) the term "electronic communication" means any transfer of signs,
22 signals, writing, images, sounds, data, or intelligence of any nature
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03851-01-9
A. 2946 2
1 transmitted in whole or part by a wire, radio, electromagnetic, photoe-
2 lectronic or photo-optical system.
3 Obstructing a telephonic or electronic communication for immediate
4 assistance is a class A misdemeanor.
5 § 2. This act shall take effect on the first of November next succeed-
6 ing the date on which it shall have become a law.
