STATE OF NEW YORK
________________________________________________________________________
1954
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
___________
Introduced by Sens. KLEIN, ADDABBO, ALCANTARA, AVELLA, BRESLIN, CARLUC-
CI, DILAN, GALLIVAN, GOLDEN, HANNON, KENNEDY, LARKIN, RANZENHOFER,
SAVINO, SERINO, STAVISKY, STEWART-COUSINS, VALESKY -- 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 the electronic stalking of
a minor and criminal impersonation by means of electronic communi-
cations
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. "Electronic communication" shall mean any transfer of signs,
4 signals, writings, images, sounds, data or intelligence of any nature
5 transmitted in whole or in part by a wire, radio, electromagnetic,
6 photo-electronic or photo-optical system. Electronic communication
7 shall include, but not be limited to, the transfer of such communi-
8 cations through the internet.
9 § 2. Subdivision 4 of section 120.50 of the penal law, as added by
10 chapter 635 of the laws of 1999, is amended and a new subdivision 5 is
11 added to read as follows:
12 4. Commits the crime of stalking in the fourth degree and has previ-
13 ously been convicted within the preceding ten years of stalking in the
14 fourth degree[.]; or
15 5. Intentionally, and for no legitimate purpose, engages in a course
16 of conduct using electronic communication directed at a child under the
17 age of twenty-one years, and such conduct:
18 (a) is likely to cause such child a reasonable fear of material harm
19 to his or her physical health, safety or property; or
20 (b) is likely to cause material harm to the physical health, emotional
21 health, safety or property of such child.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07339-01-7
S. 1954 2
1 For the purposes of this subdivision, any electronic communications
2 directed at a child under the age of twenty-one years and transmitted to
3 multiple recipients need not be received by the child at whom such
4 communications are directed.
5 § 3. Paragraph (b) of subdivision 3 and subdivision 4 of section
6 190.25 of the penal law, paragraph (b) of subdivision 3 as amended by
7 chapter 27 of the laws of 1980 and subdivision 4 as added by chapter 304
8 of the laws of 2008, are amended and a new subdivision 5 is added to
9 read as follows:
10 (b) so acts with intent to induce another to submit to such pretended
11 official authority, to solicit funds or to otherwise cause another to
12 act in reliance upon that pretense[.]; or
13 4. Impersonates another by communication by internet website or elec-
14 tronic means with intent to obtain a benefit or injure or defraud anoth-
15 er, or by such communication pretends to be a public servant in order to
16 induce another to submit to such authority or act in reliance on such
17 pretense[.]; or
18 5. Impersonates another person by electronic communication, and there-
19 by commits a misdemeanor. For the purposes of this subdivision, "elec-
20 tronic communication" shall mean any transfer of signs, signals, writ-
21 ings, images, sounds, data or intelligence of any nature transmitted in
22 whole or in part by a wire, radio, electromagnetic, photo-electronic or
23 photo-optical system. Electronic communication shall include, but not be
24 limited to, the transfer of such communications through the internet.
25 § 4. Subdivision 3 of section 190.26 of the penal law, as added by
26 chapter 2 of the laws of 1998, is amended and a new subdivision 4 is
27 added to read as follows:
28 3. Pretending to be a duly licensed physician or other person author-
29 ized to issue a prescription for any drug or any instrument or device
30 used in the taking or administering of drugs for which a prescription is
31 required by law, communicates to a pharmacist an oral prescription which
32 is required to be reduced to writing pursuant to section thirty-three
33 hundred thirty-two of the public health law[.]; or
34 4. Impersonates another person by electronic communication, and there-
35 by commits a felony. For the purposes of this subdivision, "electronic
36 communication" shall mean any transfer of signs, signals, writings,
37 images, sounds, data or intelligence of any nature transmitted in whole
38 or in part by a wire, radio, electromagnetic, photo-electronic or
39 photo-optical system. Electronic communication shall include, but not be
40 limited to, the transfer of such communications through the internet.
41 § 5. This act shall take effect on the first of November next succeed-
42 ing the date on which it shall have become a law.
