Creates the crimes of electronic stalking in the first, second and third degrees; designates offenses for eavesdropping warrants; includes such crimes under the registration requirements of the sex offender registration act
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6872
SPONSOR: Rosa TITLE OF BILL: An act to amend the penal law and the criminal proce-
dure law, in relation to creating the crimes of electronic stalking, and
adding electronic stalking to designated offenses for eavesdropping
warrants and to amend the correction law, in relation to including a
conviction of electronic stalking under the requirements of the sex
offender registration act
PURPOSE OR GENERAL IDEA OF BILL:
This bill creates a new crime of electronic stalking and provides for a
conviction for electronic stalking to trigger submission to the DNA
databank
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Section 120.40 of the penal law is amended by adding two new
subdivisions 6 and 7:
6. "Electronic communication" shall mean any transfer of signs, signals,
writings, images, sounds, data, or intelligence of any nature transmit-
ted in whole or in part by a wire, radio, electromagnetic, photo-elec-
tronic, or photo-optical system. Electronic communication includes, but
is not limited to, the transfer of that communication through the inter-
net.
7. "Personal identifying information" shall mean a person's name,
address, telephone number, date of birth, driver's license number, motor
vehicle license plate number, social security number, place of employ-
ment, school, mother's maiden name, image, or schedule of daily activ-
ities.
Section 2. Subdivision 4 of section 120.55 of the penal la,, as amended
by chapter 598 of the laws of 2003
4. Being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or repeated-
ly commits acts over a period of time intentionally placing or attempt-
ing to place such person who is under the age of fourteen in reasonable
fear of physical injury, serious physical injury or, death, or becoming
the victim of a sex offense as defined in article one hundred thirty of
this chapter;
Section 3. The Penal Law is amended by adding three new sections 120.65,
120.70, and 120.75
120.65 Electronic stalking in the third degree. A person is guilty of
electronic stalking in the first degree when he or she, intentionally
and for no legitimate purpose makes an electronic communication that
includes personal identifying information concerning a specific person
and knows or reasonably should know that such communication is likely to
cause such person to reasonably fear the death, serious physical injury,
physical injury, kidnapping, or unlawful imprisonment of such person or
another person; the commission of a sex offense as defined in article
one hundred thirty of this chapter against such person or another
person; or the commission of the crimes of criminal trespass or
burglary.
120.70 Electronic Stalking in the second degree
A person is guilty of electronic stalking in the second degree when he
or she, intentionally and for no legitimate purpose, makes an electronic
communication that includes personal identifying information concerning
a specific person and knows or reasonably should know that such communi-
cation is likely to cause such person to reasonably fear the death,
serious physical injury, physical injury, kidnapping, or unlawful impri-
sonment of such person or another person; the commission of a sex
offense as defined in article one hundred thirty of this chapter against
such person; or another person or the commission of the crimes of crimi-
nal trespass or burglary, and:
1. such communication facilitates the commission or attempted commission
of a crime other than a class A, B, or C felony and such crime or
attempted crime actually occurs; or
2. such communication involves the dissemination of personal identifying
information concerning a person under the age of eighteen and the actor
is eighteen years old or more; or
3. such communication involves the dissemination of personal identifying
information concerning a person who is a public servant as defined in
subdivision fifteen of section 10.00 of this chapter and the information
is communicated because of the person's position as a 'public servant;
or
4. He or she does so by knowingly assuming the identity of such specific
person by presenting himself or herself as that specific person, or by
acting as that specific person, or by using personal identifying infor-
mation of that specific person.
Electronic Stalking in the second degree is a class D felony
120.75 Electronic Stalking in the first degree
A person is guilty of electronic stalking in the first degree when he or
she, intentionally and for no legitimate purpose makes an electronic
communication that includes personal identifying information concerning
a specific person and knows or reasonably should know that such communi-
cation is likely to cause such person to reasonably fear the death,
serious physical injury, physical injury, kidnapping, or unlawful impri-
sonment of such person or another person. The commission of a sex
offense as defined in article one hundred thirty of this chapter against
such person or another person, or the commission of the crimes of crimi-
nal .trespass or burglary, and such communication facilitates the
commission or attempted commission of a class A, B, or C felony and such
crime or attempted crime actually occurs. Electronic stalking in the
first degree is a class C felony
Section 4. Paragraph (P) of subdivision 8 of section 700,05 of the crim-
inal procedure law, as added by chapter 635 of the laws of 1999, is
amended by adding electronic stalking, in the third degree as deemed in
section 120.65 of the penal law, electronic stalking in the second
degree as deemed in section 120.70 of the penal law, .and electronic
stalking in the first degree as defined in section 120.75 of the penal
law.
Section 5. Subdivision 8 of section 700.05 of the criminal procedure law
is amended by adding a new paragraph (t) to read as follows:
(t) Disseminating indecent material to a minor in the first degree as
defined in section 235.22 of the penal law, use or a child in a sexual
performance as defined in section 263.05 of the penal law, promoting an
obscene sexual performance by a child as defined in section 263.10 of
the penal law, promoting an obscene sexual performance by a child as
defined in section 263.11 of the penal law, promoting a sexual perform-
ance by a child as defined in section 263.16 of the penal law.'
Section 6. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of
the penal law, paragraph (b) as amended by section 6 of pact A of chap-
ter 1 of the laws of 2004 and paragraph (c) as amended by chapter 584 of
the laws of 2043, are amended by adding:
(b) Class C violent offenses: .. electronic stalking in the first degree
as defined in section § 120.75
(c) Class D violent offenses: ...electronic stalking in the second
degree as defined in § 120.70
Section 7. Paragraph (d) of subdivision 7 of section 995 of the execu-
tive law, as amended by chapter 576 of the laws of 2004, is amended by
adding the following:
(d) any of the following felonies, or an attempt thereof where such
attempt is a felony offense: electronic stalking in the third degree, as
defined in section 120.65 of the penal law; electronic stalking in the
second degree, as deemed in section 120.70 of the penal law; electronic
stalking in the first degree, as defined in section 120.75 of the penal
law.
Section 8: Subdivision 2 of section 168-a of the correction law is
amended by adding a new paragraph (f) to read as follows:
(f) a conviction for any of the provisions defined in sections 120.65,
120.70, or 120.75 of the penal law, unless upon motion by the defendant,
the trial court, having regard to the nature and circumstances of the
crime and to the history and character of the defendant, is of the opin-
ion that registration would be unduly harsh and inappropriate.
JUSTIFICATION:
Cyber Stalking - or electronic stalking - is the use of the internet or
other electronic means to disseminate, for no legitimate purpose,
personal identifying information about another person. This type of
conduct, which often occurs in the context of domestic or other personal
relationships, is not adequately addressed by current laws. Cyber stalk-
ing that exposes the victim to the risk of physical injury or other
substantial harm should be a felony under the New York Penal Law.
PRIOR LEGISLATIVE HISTORY:
2005/06: A.7031 2007/08: A4709A referred to codes
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately
