Bill Text: NY S05089 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes offense for the electronic stalking of minors within the class A misdemeanor of stalking in the third degree.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S05089 Detail]
Download: New_York-2021-S05089-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5089 2021-2022 Regular Sessions IN SENATE February 23, 2021 ___________ Introduced by Sen. KENNEDY -- 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. 22 For the purposes of this subdivision, any electronic communications 23 directed at a child under the age of twenty-one years and transmitted to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06860-01-1S. 5089 2 1 multiple recipients need not be received by the child at whom such 2 communications are directed. 3 § 3. Paragraph (b) of subdivision 3 and subdivision 4 of section 4 190.25 of the penal law, paragraph (b) of subdivision 3 as amended by 5 chapter 27 of the laws of 1980 and subdivision 4 as added by chapter 304 6 of the laws of 2008, are amended and a new subdivision 5 is added to 7 read as follows: 8 (b) so acts with intent to induce another to submit to such pretended 9 official authority, to solicit funds or to otherwise cause another to 10 act in reliance upon that pretense[.]; or 11 4. Impersonates another by communication by internet website or elec- 12 tronic means with intent to obtain a benefit or injure or defraud anoth- 13 er, or by such communication pretends to be a public servant in order to 14 induce another to submit to such authority or act in reliance on such 15 pretense[.]; or 16 5. Impersonates another person by electronic communication, and there- 17 by commits a misdemeanor. For the purposes of this subdivision, "elec- 18 tronic communication" shall mean any transfer of signs, signals, writ- 19 ings, images, sounds, data or intelligence of any nature transmitted in 20 whole or in part by a wire, radio, electromagnetic, photo-electronic or 21 photo-optical system. Electronic communication shall include, but not be 22 limited to, the transfer of such communications through the internet. 23 § 4. Subdivision 3 of section 190.26 of the penal law, as added by 24 chapter 2 of the laws of 1998, is amended and a new subdivision 4 is 25 added to read as follows: 26 3. Pretending to be a duly licensed physician or other person author- 27 ized to issue a prescription for any drug or any instrument or device 28 used in the taking or administering of drugs for which a prescription is 29 required by law, communicates to a pharmacist an oral prescription which 30 is required to be reduced to writing pursuant to section thirty-three 31 hundred thirty-two of the public health law[.]; or 32 4. Impersonates another person by electronic communication, and there- 33 by commits a felony. For the purposes of this subdivision, "electronic 34 communication" shall mean any transfer of signs, signals, writings, 35 images, sounds, data or intelligence of any nature transmitted in whole 36 or in part by a wire, radio, electromagnetic, photo-electronic or 37 photo-optical system. Electronic communication shall include, but not be 38 limited to, the transfer of such communications through the internet. 39 § 5. This act shall take effect on the first of November next succeed- 40 ing the date on which it shall have become a law.
