STATE OF NEW YORK
________________________________________________________________________
3288
2013-2014 Regular Sessions
IN ASSEMBLY
January 24, 2013
___________
Introduced by M. of A. TENNEY, CROUCH, FINCH, HAWLEY, McDONOUGH, TEDIS-
CO, RAIA -- Multi-Sponsored by -- M. of A. BARCLAY, CERETTO -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting stalking by
the use of technological devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.40 of the penal law is amended by adding a new
2 subdivision 6 to read as follows:
3 6. "Technological devices" means the internet, cameras, global posi-
4 tioning tracking devices and any other tracking device, but shall not be
5 limited to such items.
6 § 2. Subdivision 4 of section 120.50 of the penal law, as added by
7 chapter 635 of the laws of 1999, is amended and a new subdivision 5 is
8 added to read as follows:
9 4. Commits the crime of stalking in the fourth degree and has previ-
10 ously been convicted within the preceding ten years of stalking in the
11 fourth degree[.]; or
12 5. Commits the crime of stalking in the fourth degree by the use of a
13 technological device or technological devices.
14 § 3. Subdivision 5 of section 120.55 of the penal law, as added by
15 chapter 598 of the laws of 2003, is amended and a new subdivision 6 is
16 added to read as follows:
17 5. Commits the crime of stalking in the third degree, as defined in
18 subdivision three of section 120.50 of this article, against ten or more
19 persons, in ten or more separate transactions, for which the actor has
20 not been previously convicted[.]; or
21 6. Commits the crime of stalking in the third degree by the use of a
22 technological device or technological devices.
23 § 4. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02806-01-3
