Relates to aggravated harassment in the second degree

2 Co-sponsors

• John A. DeFrancisco
• Jack M. Martins

BILL NUMBER:S7734A

Title of bill

An act to amend the penal law and the executive law, in relation to aggravated harassment in the second degree

Purpose: To replace penal law section 240.30(1) which was recently stricken by the Court of Appeals in the case of People v. Golb 2014 NY Slip Op 03426 decided on May 13, 2014.

Summary of Specific Provisions:

Section 1. Adds new language to aggravated harassment statue to replace language stricken out by the Court of Appeals as follows:

1. With intent to threaten another person, he or she either:

(a) Communicates with a person, anonymously or otherwise, by telephone, by computer, or by mail, or by transmitting or delivering any other form of written communication, and knows or reasonably should know that such communication is likely to cause material harm to the mental or emotional health of such person, a member of such person's immediate family, or a third party with whom such person is acquainted; or

(b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by tele- phone, by computer, or by mail, or by transmitting or delivering any other form of written communication and knows reasonably should know that such communication is likely to cause material harm to the mental or emotional health of such person, a member of such person's immediate family, or a third party with whom such person is acquainted; or

2. With intent to harass or threaten another person, he or she makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or

Section 2. Effective the first of November once it has become law.

Former Law: Under the previous penal law section 240.30(1) a person was guilty of aggravated harassment in the second degree when with the intent to harass, annoy, threaten or alarm the person he or she either (a) communicates with the person anonymously or otherwise by telephone by telegraph or by mail or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or (b)causes a communication to be initiated by mechanical or electronic means or otherwise with a person anonymously or otherwise by telephone telegraph or by mail or by transmitting will delivering any other form of written communication in a manner likely to cause annoy- ance or.

This language was stricken by the Court of Appeals in People v Golb wherein the court found among other issues that the statute was uncon-

stitutionally vague, overbroad and did not agree that merely having intent to annoy was a proper element of a criminal statute.

Justification: This bill addresses the issues of concern in People vs. Golb and is modeled after the stalking statues which have withstood scrutiny by the Courts. The former statue was an important tool for law enforcement and prosecutors around New York. Specifically, this bill would once again criminalize the proscribed conduct and modernized the statute to include computers. This Bill will provide an important tool in domestic violence cases which often involve threats to victims by telephone, email or text. Presently a individual may threaten or harass a victim by phone, text or email and if that conduct were not repeated there would be no basis for charging the conduct under the Penal law. This is a terrible hole in the penal law that must be addressed to protect the safety of our citizens.

Prior Legislative History: None.

Fiscal Implications: None.

Effective Date: Immediately.