What's happening
This bill expands the definition of aggravated harassment in the second degree to include harassment via text, email, or electronic communication.
Why it matters
Reflects modern communication realities. by updating the law to recognize that harassment often occurs through digital means like text messages and emails, not just phone calls, making the law more relevant to how people interact today.
Potentially increases legal protection. for victims of cyberbullying, stalking, or electronic harassment, offering law enforcement clearer authority to address harmful conduct that happens over digital platforms.
Expands the scope of criminal liability. , meaning individuals could now face aggravated harassment charges for using electronic communications to harass or threaten someone, not just through traditional phone calls.
Could impact free speech debates. , as the inclusion of electronic communications might raise concerns about what constitutes legitimate versus harassing communication in online contexts, potentially affecting how online disputes are handled legally.
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Who cares
Headline styles
Add Texts to Harassment Law
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to rules
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.
Expand Harassment Law to Texts
In Assembly Committee · Codes · Sponsor Edward Braunstein
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9148
IN SENATE
August 15, 2018
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to including contacts via text, email or other electronic communication in the definition of the offense of aggravated harassment in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 240.30 of the penal law, as amended by chapter 188 of the laws of 2014, is amended to read as follows:
2. With intent to harass or threaten another person, he or she makes a telephone call, or contacts via text, email or other electronic communication, whether or not a conversation ensues, with no purpose of legitimate communication; or
§ 2. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16470-01-8
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 includ- ing contacts via text, email or other electronic communication in the definition of the offense of aggravated harassment in the second degree
Purpose
To treat electronic communications with intent to harass or threaten another person under the same standard as telephone calls.
Summary of provisions
Amends Subdivision two of Section 240.30 of the penal law to include contacts via text, email or other electronic communication in the defi- nition of the offense of aggravated harassment in the second degree.
Justification
Existing law treats telephone calls made with an intent to harass or threaten an individual as aggravated harassment in the second degree, a Class A misdemeanor, but does not have any provision related to elec- tronic communications such as text or email. As technology has evolved, forms of harassment have also evolved, and updating New York's penal law to reflect these changes will help protect New Yorkers from these new forms of harassment.
A recent incident where multiple individuals were sent unsolicited and unwanted text messages with sexually graphic images from the same indi- vidual highlights the need to update the law. Law enforcement represen- tatives indicated that under existing law such communications could only be treated as harassment in the second degree, a violation. Since violations can only be charged in cases where law enforcement witnesses the offence, no charges could be brought in this case. By updating the law to treat texts, emails and other electronic communications under the same standard as phone calls, this legislation will provide law enforce- ment with greater ability to address this new form of harassment.
Legislative history
New Bill
Fiscal implications
None
Effective date
The first of November next succeeding the date upon 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.