Establishes offense for the electronic stalking of minors

Summary of provisions

Section 1. Amends section 120.40 of the penal law by adding a new subdivision 6 that defines "electronic communication" any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optional system. Electronic communication shall include, but not be limited to, the transfer of such communications through the internet.

Section 2. Amends section 120.50 of the penal law by adding a new subdivision 5, which states a person is guilty of stalking in the third degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct using electronic communication directed at a child under the age of twenty-one years, and such conduct is likely to cause such child a reasonable fear of material harm to his or her physical health, safety or property or is likely to cause material harm to the physical health, emotional health, safety or property of such child..

For the purposes of this subdivision, any electronic communications directed at a child under the age of twenty-one years and transmitted to multiple recipients need not be received by the child at whom such communications are directed.

Section 3. Amends the penal law by adding a new subdivision 5 to section 190.25 which states a person is guilty of criminal impersonation in the second degree, an A misdemeanor, when he or she impersonates another person by electronic communication, and thereby commits a misdemeanor. For the purposes of this subdivision, "electronic communication" shall mean any transfer of signs, signals, writings,-images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optional system. Electronic communication shall include, but not be limited to, the transfer of such communications through the Internet.

Section 4. Amends the penal law by adding a new subdivision 4 to section 190.26 which states a person is guilty of criminal impersonation in the first degree, an E felony, when he or she

impersonates another person by electronic communication, and thereby commits a felony. For the purposes of this subdivision, "electronic communication" shall mean any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optional system. Electronic communication shall include, but not be limited to, the transfer of such communication through the Internet.

Section 5. Amends section 240.00 of the penal law by adding a new subdivision 7 that defines "electronic communication" any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optional system. Electronic communication shall include, but not be limited to, the transfer of such communications through the internet.

Section 6. Amends subdivision 1 of section 240.30 of the penal law to add electronic communications to telephone, telegraph, mail and recordings as eligible modes of transmission for the offense of aggravated harassment in the second degree.

Section 7. Effective date.

Justification

With the rapid development of information and communication technologies, a new form of bullying has emerged known as cyberbullying. With the use of cell phones and social networking sites, adolescent cruelty has been amplified and shifted from school yards and hallways to the Internet, where a nasty, profanity-laced comment, complete with an embarrassing photo, can be viewed by a potentially limited number of people, both known and unknown.

In addition to causing substantial psychological harm and emotional distress, cyberbullying has been blamed for nearly a dozen teen suicides. In September 2011, New Yorker Jamey Rodemeyer, a 14-year old boy from Williamsville, near Buffalo, NY, took his life after what his parents claim was yeas of bullying because of struggles with his sexuality.

This bill expands the existing crimes of stalking in the third degree and aggravated harassment in the second degree to include cyberbullying. Both offenses are class A misdemeanors, but are eligible to be elevated to felonies if additional hate crime criteria are present. The stalking offense will apply to conduct committed against individuals under the age of 21, but the aggravated harassment amendment will protect New Yorkers of all ages.

Existing laws in the state of New York are not currently adequate to properly address this new and emerging problem of cyberbullying. This bill seeks to bring the state's stalking and harassment statutes up-to-date, give bullies a concrete reason to quit their online antics, and provide victims and prosecutors with laws that can be enforced against this new breed of bully.

Legislative history

2012 - S. 6132-A - Passed Senate

Fiscal implications

None.

Effective date

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