Adds communication by means of a "computer network" to aggravated harassment in the second degree

Title of bill

An act to amend the penal law, in relation to adding by means of computer network to the crime of aggravated harassment in the second degree

Purpose

Creates the crime of harassment by electronic mail or computer network

Summary of provisions

Section 1 amends section 240.00 of penal law by adding a new subdivision defining computer network

Section 2 adds computer network to aggregated harassment in the second degree

Justification

One in 17 kids ages 10 to 17 had been threatened or harassed online, and about one-third of those found the incidents extremely distressing, according to a 2000 study by the University of New Hampshire's Crimes, Against Children Research Center. In a recent case, a young teenager's life at school was anything but pleasant; he was teased, taunted and punched for years. But the final blow was the humiliation he suffered every time he logged onto the internet. Someone had set up an abusive website about him that made his life unbearable. The creator of the website asked other students to join in, posting lewd, sexual comments smearing this student's reputation. This activity took place for several months before the student was ever aware of the existence of the site. Advancing technology creates new avenues for individuals to harass, torment and threaten others. By creating the crime of harassment by electronic mail or computer network, law enforcement authorities will be equipped with the proper tools necessary to help reduce the occurrence of such crimes.

Legislative history

S.6699 of 2005/2006, S.703 of 2007/2008

Fiscal implications

Not applicable.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.