Relates to repeated instances of harassment giving rise to a charge of aggravated harassment in the second degree and harassment in the first degree; clarifies that the victim of such separate offenses does not need to be the same individual.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7928
SPONSOR: Steck TITLE OF BILL:
An act to amend the penal law, in relation to repeated instances of
harassment
PURPOSE:
If enacted, this legislation would ensure that repeat offenders of
aggravated harassment would be properly charged.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 5 of section 240.30 of the penal law, as amended
by chapter 188 of the laws of 2014, is amended to read as follows:
5. He or she commits the crime of harassment in the first degree and has
previously been convicted of the crime of harassment in the first degree
as defined by section 240.25 of this article within the preceding ten
years, regardless of whether or not the alleged victim of such harass-
ment is the same victim from such prior offense.
§ 2. Section 240.25 of the penal law, as amended by chapter 109 of the
laws of 1994, is amended to read as follows: A person is guilty of
harassment in the first degree when (he):
1. He or she intentionally and repeatedly harasses another person by
following such person in or about a public place or places or by engag-
ing in a course of conduct or by repeatedly committing acts which places
such person in reasonable fear of physical injury; or
2. He or she commits the offense of harassment in the second degree and
has previously been convicted of the crime of harassment in the second
degree as defined by section 240.26 of this article within the preceding
five years, regardless of whether or not the alleged victim of such
harassment is the same victim from such prior offense; or
3. He or she engages in a pattern of harassment of multiple individuals
as the term harassment is defined by section 240.26 of this article.
This section shall not apply to activities regulated by the national
labor relations act, as amended, the railway labor act, as amended, or
the federal employment labor management act, as amended. Harassment in
the first degree is a class B misdemeanor.
§ 2. Effective date
JUSTIFICATION:
Maintaining order in business districts can be challenging. For example,
there is no law which constitutionally could prohibit a person from
asking another person for money on the street. On the other hand, there
are instances in which more than such speech is involved, and the matter
rises to the level of harassment. This legislation assures that a person
who has a pattern of multiple instances of harassment, albeit against
different persons, can be prosecuted appropriately.
LEGISLATIVE HISTORY:
New bill.
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.
STATE OF NEW YORK
________________________________________________________________________
7928
2023-2024 Regular Sessions
IN ASSEMBLY
August 4, 2023
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to repeated instances of
harassment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 240.30 of the penal law, as
2 amended by chapter 188 of the laws of 2014, is amended to read as
3 follows:
4 5. He or she commits the crime of harassment in the first degree and
5 has previously been convicted of the crime of harassment in the first
6 degree as defined by section 240.25 of this article within the preceding
7 ten years, regardless of whether or not the alleged victim of such
8 harassment is the same victim from such prior offense.
9 § 2. Section 240.25 of the penal law, as amended by chapter 109 of the
10 laws of 1994, is amended to read as follows:
11 § 240.25 Harassment in the first degree.
12 A person is guilty of harassment in the first degree when [he]:
13 1. He or she intentionally and repeatedly harasses another person by
14 following such person in or about a public place or places or by engag-
15 ing in a course of conduct or by repeatedly committing acts which places
16 such person in reasonable fear of physical injury; or
17 2. He or she commits the offense of harassment in the second degree
18 and has previously been convicted of the crime of harassment in the
19 second degree as defined by section 240.26 of this article within the
20 preceding five years, regardless of whether or not the alleged victim of
21 such harassment is the same victim from such prior offense; or
22 3. He or she engages in a pattern of harassment of multiple individ-
23 uals as the term harassment is defined by section 240.26 of this
24 article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11880-02-3
A. 7928 2
1 This section shall not apply to activities regulated by the national
2 labor relations act, as amended, the railway labor act, as amended, or
3 the federal employment labor management act, as amended.
4 Harassment in the first degree is a class B misdemeanor.
5 § 2. This act shall take effect on the first of November next succeed-
6 ing the date on which it shall have become a law.
