What's happening
This bill creates a new class E felony for harassing family members of active military personnel through certain communications.
Why it matters
Targets a Specific Vulnerable Group. This bill creates special legal protections for the immediate families of active military service members, recognizing they may face unique threats or intimidation due to their family member's service.
Addresses Modern Communication Methods. The law covers harassment by any form of written or electronic communication, not just traditional means like mail or phone, reflecting contemporary realities such as social media and digital harassment.
Criminalizes Intentional Emotional Harm. The offense focuses on communications "likely to cause annoyance or alarm" related to the family member's military service, emphasizing the intent to harass or threaten rather than simply expressing unpopular opinions.
Imposes Serious Consequences. By making this a class E felony, the bill significantly raises the stakes for offenders, signaling that New York considers harassment of military families a grave offense with potentially severe penalties, which could serve as a deterrent.
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Who cares
Headline styles
Protect Military Families from Harassment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.829
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4323
2017-2018 Regular Sessions
IN SENATE
February 9, 2017
Introduced by Sen. TEDISCO -- 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 creating the crime of aggravated harassment of a family member of a person in active military service
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 240.33 to read as follows: § 240.33 Aggravated harassment of a family member of a person in active
military service.
1. A person is guilty of aggravated harassment of a family member of a person in active military service when, with intent to harass, annoy, threaten or alarm another person, he or she either:
(a) communicates with a person, who at the time of the communication has a family member in active military service of the United States, as such term is defined in section one of the military law, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm and such communication relates to the military service of such person's family member; or
(b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, who at the time of the communication has a family member in active military service of the United States, as such term is defined in section one of the military law, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm and such communication relates to the military service of such person's family member.
2. For the purposes of this section, "family member" means the husband, wife, son, daughter, father or mother of a person.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06372-01-7
S. 4323 2
Aggravated harassment of a family member of a person in active military service is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to creating the crime of aggravated harassment of a family member of a person in active military service
Purpose or general idea of bill
Creates the crime of aggravated harassment of a family member of a person in active military service.
Summary of specific provisions
Section 1. The penal law is amended by adding a new section 240.33.
1. A person is guilty of aggravated harassment of a family member of a person in active military service when, with intent to harass, annoy, threaten or alarm another person, he or she either:
a) communicates with a person, who at the time of communication, has a family member in active military service of the United States anonymously or otherwise, by telephone, or by telegraph, mail, or any other form of written communication, in a manner likely to cause annoyance or alarm and such communication relates to the military service of such person's family member, or
b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, who at the time of communication has a family member in active military service of the United States anonymously or otherwise, by telephone, or by telegraph, mail, or any other form of written communication, in a manner likely to cause annoyance or alarm and such communication relates to the military service of such person's family member.
2. Family member means husband, wife, son, daughter, father, mother of a person. Aggravated harassment shall be a class E felony.
Justification
This bill would make the crime of aggravated harassment a class E felony, punishable by 1 1/3 to 4 years in prison. Making a call, with intent to harass, annoy, threaten or alarm, which starts a rumor about a service member's death, injury or capture, is cruel and heartless. Individuals who knowingly and purposely make calls falsely reporting these events should be punished. Our service men and women represent the best of what we, as a nation, have to offer. Their families and loved ones face enough pain and anxiety just knowing that they are in harm's way in a foreign country, putting their lives on the line. These families need to be protected from those who would create such devastating emotional pain through false reports.
Prior legislative history
New Bill
Fiscal implications
None
Effective date
On the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.