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S2636Senate2019-2020 SessionSame asA231

Ban Electronic Harassment

Official title

“Includes contacts via text, email or other electronic communication in the definition of the offense of aggravated harassment in the second degree”

Sponsor Liz KruegerSD-28+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Codes

What's happening

This bill expands the definition of aggravated harassment in the second degree to include harassment via text, email, and other electronic communication.

Why it matters

  1. Addresses Modern Harassment Methods. By explicitly including text messages, emails, and other electronic communications, the bill acknowledges that harassment increasingly occurs through digital means, not just by phone calls. This closes a loophole that could allow harassers to evade accountability if they use technology other than voice calls.

  2. Expands Legal Protections. Victims of harassment will have broader protections under the law, as the updated language ensures that unwanted, threatening, or harassing digital contact can be prosecuted just like traditional phone harassment.

  3. Signals to Law Enforcement and Courts. The amendment gives clearer guidelines for police and prosecutors, making it easier to pursue charges in cases involving digital harassment, which have become far more common and can be as disruptive or frightening as in-person or telephone harassment.

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Who cares

Headline styles

Ban Electronic Harassment

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Liz Krueger

Senator · Senate District 28

Chair, Finance

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.59
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 61–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.980
  4. Referred to codes

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.

A231Assembly

Ban Harassment by Electronic Messages

In Assembly Committee · Codes · Sponsor Edward Braunstein

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2636

2019-2020 Regular Sessions

IN SENATE

January 28, 2019

Introduced by Sen. KRUEGER -- 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 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.

LBD02677-01-9

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 including contacts via text, email or other electronic communication in the definition of the offense of aggravated harassment in the second degree

Purpose or general idea of bill

To treat electronic communications with intent to harass or threaten another person under the same standard as telephone calls.

Summary of specific 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.

Prior legislative history

2017-18: S.9148/A.11344 Braunstein - Codes

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.