Skip to content
S3393Senate2009-2010 SessionSame asA7425

Prohibits stalking by the use of technological devices and provides criminal penalties therefor

Sponsor Michael F. NozzolioSD-54Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Michael F. Nozzolio

Senator · Senate District 54

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7425Assembly

Prohibits stalking by the use of technological devices and provides criminal penalties therefor

In Assembly Committee · Codes · Sponsor David Townsend

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to prohibiting stalking by the use of technological devices

Purpose or general idea of bill

Increased the penalty for stalking in the third and fourth degrees by one penalty level, when such crimes are committed by the use of a technological device.

Summary of specific provisions

Section one amends section 120.40 of Penal Law to define "technological devices" as the internet, cameras, global positioning tracking devices and any other tracking devices, but shall not be limited to such items.

Section two amends Section 120.50 of the Penal Law to make a person guilty of stalking in the third degree, a class B misdemeanor, when he or she commits the crime of stalking in the fourth degree by means of a technological device.

Section three amends Section 120.55 of Penal Law to make a person guilty of the crime of stalking in the second degree, a class E felony, when he or she commits the crime of stalking in the third degree by means of a technological device.

Justification

In 1999, New York state established the crimes of stalking in the first through fourth degree, punishable as a class D felony to a class B misdemeanor, depending on the severity of the crime. This law is silent regarding the specific use of technological devices.

As technology evolves, stalkers continue to find new ways to harass their victims by utilizing such mechanisms as the internet, hidden cameras, and caller identification. The most serious case to date involves a Wisconsin man who allegedly mounted a global positioning system (GPD) device under the hood of his ex-girlfriend's car in order to track her every movement. The stalker told his victim that no matter where she went, he would find her. This device utilized a constellation of Defense Department Satellites to pinpoint her location.

Similar scenarios playing out around the country have prompted the need to update stalking laws to include stalker use of technology. The Stalking Resource Center advises that states keep their statutes broad enough to include technologies that don't yet exist. Providing heightened penalties for stalkers who misuse technology to terrorize their victims sends a clear message that this type of behavior will not be tolerated.

Prior legislative history

S.4489 of 2005/2006, A.5444 of 2004, S.707 of 2007/2008

Fiscal implications

None.

Effective date

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

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.