Provides that stalking by technological means, including illegal wiretapping, cell phones, caller ID, Internet, cameras and GPS systems, shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A559
SPONSOR: Gibson (MS) TITLE OF BILL: An act to amend the penal law, in relation to prohib-
iting stalking by technological means
PURPOSE OR GENERAL IDEA OF BILL: Provides that stalking by technolog-
ical means shall be prohibited and shall be included in the crimes of
stalking in the first, second and third degrees.
SUMMARY OF SPECIFIC PROVISIONS: Sections 1, 2 and 3 amend the penal
law Sections 120.50, 120.55, and 120.60 and include stalking by techno-
logical means as an element of stalking in the first, second and third
degrees. Technological means include, but are not limited to: illegal
wire tapping, cell phones, caller identification, the Internet, cameras,
global positioning system and any other type of tracking device.
Section 4 provides an effective date of the first of November next
succeeding the date on which it shall have become a law.
JUSTIFICATION: A recent study by the United States Department of
Justice concludes that one in twelve women will be stalked during her
lifetime and one out of every forty-five men will be stalked during his
lifetime. The study further estimated that 1,006,970 women and 370,990
men are stalked annually.
New York State's Stalking Law was enacted in 1999. Since that time, the
availability of new and ever more sophisticated technological means
which can be utilized by a stalker to further his or her purpose has
greatly increased. Tracy Bahm, Director of the Stalking Resource Center
(a part of the National Center for Victims of Crime) has stated; "As
society and technology evolve, stalkers will always find new ways to
harass their victims."
Illegal wiretapping, cell phones, caller identification, the Internet,
hidden cameras, and tracking devices including global positioning
systems (GPS) are just a few of the technological means which have been
employed by stalkers. This equipment can be purchased locally or over
the Internet and the costs are not prohibitive.
In a recent Wisconsin case, the stalker had placed a GPS device between
the radiator and the grill of the victim's car, enabling the stalker to
track the victim wherever and whenever he wanted. A GPS device uses an
array of satellites to pinpoint location and can also send coordinates
to cell phones or computers. GPS's are used by trucking companies to
track cargo, corrections authorities use them to monitor parolees, and
hikers, boaters and motorists use the systems to keep from getting lost,
just to name a few of the current legitimate uses for the systems, and
now stalkers are using them to track their victims.
Current New York law on stalking did not foresee the use of technolog-
ical means to commit stalking crimes. This bill updates current law and
prohibits the use of technology in any form in the furtherance of stalk-
ing and increases the penalty for such use.
PRIOR LEGISLATIVE HISTORY: 2011-2012: A.452 - Referred to Codes/ S.
108 - Passed Senate
2007-2008: A.1176 - Remained in Committee/S.884 - Passed Senate
2005-2006: A.1944 - Held for Consideration in Codes Committee/S.851 -
Passed Senate
2003-2004: A.8428-A - Remained in Committee/S.3705-A - Passed Senate
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.
