What's happening
This bill criminalizes electronic stalking of minors and impersonation by electronic communication, updating New York penal law to address these offenses.
Why it matters
Expands legal protections for minors. by specifically targeting electronic stalking, addressing the unique vulnerabilities of children and young adults to online harassment, intimidation, or threats that may not occur in physical spaces.
Updates the definition of impersonation crimes. to include electronic communications (such as emails, texts, and internet postings), modernizing the law to reflect how identity theft, fraud, and reputational harm increasingly occur online.
Recognizes emotional and psychological harm. as grounds for prosecution, not just physical threats, acknowledging the real-world impact of online harassment and impersonation on mental health and well-being.
Closes gaps in existing law. by ensuring that electronic communications sent to multiple recipients (such as group messages or public posts) are covered, even if the targeted minor does not directly receive the message, thereby addressing indirect forms of cyberbullying and harassment.
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Who cares
Headline styles
Ban Electronic Stalking of Minors
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
247
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KENNEDY -- 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 the electronic stalking of a minor and criminal impersonation by means of electronic communications
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 120.40 of the penal law is amended by adding a new subdivision 6 to read as follows:
6. "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-optical system. Electronic communication shall include, but not be limited to, the transfer of such communications through the internet.
§ 2. Subdivision 4 of section 120.50 of the penal law, as added by chapter 635 of the laws of 1999, is amended and a new subdivision 5 is added to read as follows:
4. Commits the crime of stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree[.]; or
5. 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:
(a) is likely to cause such child a reasonable fear of material harm to his or her physical health, safety or property; or
(b) 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05726-01-9
S. 247 2
multiple recipients need not be received by the child at whom such communications are directed.
§ 3. Paragraph (b) of subdivision 3 and subdivision 4 of section 190.25 of the penal law, paragraph (b) of subdivision 3 as amended by chapter 27 of the laws of 1980 and subdivision 4 as added by chapter 304 of the laws of 2008, are amended and a new subdivision 5 is added to read as follows:
(b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense[.]; or
4. Impersonates another by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another, or by such communication pretends to be a public servant in order to induce another to submit to such authority or act in reliance on such pretense[.]; or
5. 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-optical system. Electronic communication shall include, but not be limited to, the transfer of such communications through the internet.
§ 4. Subdivision 3 of section 190.26 of the penal law, as added by chapter 2 of the laws of 1998, is amended and a new subdivision 4 is added to read as follows:
3. Pretending to be a duly licensed physician or other person authorized to issue a prescription for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law, communicates to a pharmacist an oral prescription which is required to be reduced to writing pursuant to section thirty-three hundred thirty-two of the public health law[.]; or
4. 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, photo-electronic or photo-optical system. Electronic communication shall include, but not be limited to, the transfer of such communications through the internet.
§ 5. 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 the electronic stalking of a minor and criminal impersonation by means of electronic communications
Purpose
This anti-cyberbullying legislation will: create a new penal law defi- nition of "electronic communication"; a stalking in the third degree offense when a person intentionally engages in a course of conduct using electronic communication directed at a child under the age of 21, caus- ing reasonable fear of or actual harm to the child; and an aggravated harassment in the second degree offense for electronic communication transmitted with the intent to harass, annoy, threaten at alarm another person.
Summary of provisions
Section 1. Amends section 120.40 of the penal law by adding a new subdi- vision 6 that defines "electronic communication" as any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnet- ic, photo-electronic or photo-optional system. Electronic communication shall include, but not be limited to, the transfer of such communi- cations through the Internet.
Read the full memo (837 words)
Section 2. Amends section 120.50 of the penal law by adding a new subdi- vision 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. Elec- tronic 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, electromagnet- ic, photoelectronic or photo-optional system. Electronic communication shall include, but not be limited to, the transfer of such communication through the Internet.
Section 5. Effective date.
Justification
With the rapid development of information and communication technolo- gies, 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, took his life after what his parents claim was years of bullying because of struggles with his sexu- ality.
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. 2014- S. 2366 Passed Senate. 2015-2016 - S. 2308 - Passed Senate 2017-18 - S.1954
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.