Bill Text: NY A01205 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Adds communication by means of a computer network to aggravated harassment in the second degree.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2012-05-22 - held for consideration in codes [A01205 Detail]

Download: New_York-2011-A01205-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1205--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. KOLB, FINCH, OAKS, HAWLEY, McKEVITT, ORTIZ, RAIA
         -- Multi-Sponsored by -- M. of A.  AMEDORE,  BARCLAY,  CONTE,  CROUCH,
         GIGLIO,  JORDAN -- read once and referred to the Committee on Codes --
         recommitted to the Committee on Codes in accordance with Assembly Rule
         3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
         amended and recommitted to said committee
       AN ACT to amend the penal law, in relation to adding by means of comput-
         er network to the crime of aggravated harassment in the second degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 240.30 of the penal law, as amended by chapter 510
    2  of the laws of 2008, is amended to read as follows:
    3  S 240.30 Aggravated harassment in the second degree.
    4    A person is guilty of aggravated harassment in the second degree when,
    5  with intent to harass, annoy, threaten or alarm another  person,  he  or
    6  she:
    7    1. Either (a) communicates with a person, anonymously or otherwise, by
    8  telephone,  by  telegraph,  or by mail, or by transmitting or delivering
    9  any other form of written communication, in a  manner  likely  to  cause
   10  annoyance or alarm; or
   11    (b) causes a communication to be initiated by mechanical or electronic
   12  means  OR  COMPUTER  NETWORK,  AS  DEFINED IN SUBDIVISION SIX OF SECTION
   13  156.00 OF THIS CHAPTER, or  otherwise  with  a  person,  anonymously  or
   14  otherwise, by telephone, by telegraph, or by mail, or by transmitting or
   15  delivering  any  other form of written communication, in a manner likely
   16  to cause annoyance or alarm; or
   17    2. Makes a telephone call, whether or not a conversation ensues,  with
   18  no purpose of legitimate communication; or
   19    3.  Strikes,  shoves,  kicks,  or otherwise subjects another person to
   20  physical contact, or attempts or threatens to do the same because  of  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00461-02-2
       A. 1205--A                          2
    1  belief  or  perception  regarding  such  person's  race, color, national
    2  origin, ancestry, gender, religion, religious practice, age,  disability
    3  or sexual orientation, regardless of whether the belief or perception is
    4  correct; or
    5    4.  Commits the crime of harassment in the first degree and has previ-
    6  ously been convicted of the crime of harassment in the first  degree  as
    7  defined  by  section  240.25  of  this  article within the preceding ten
    8  years.
    9    5. For the purposes of subdivision one of this section, "form of writ-
   10  ten communication" shall include, but not be limited to, a recording  as
   11  defined in subdivision six of section 275.00 of this part.
   12    Aggravated harassment in the second degree is a class A misdemeanor.
   13    S 2. This act shall take effect on the first of November next succeed-
   14  ing the date on which it shall have become a law.