Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 29, 2009 |
referred to codes |
Senate Bill S5402
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5402 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§156.40, 156.41 & 156.42, amd §156.00, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3707
2013-2014: S2200
2009-S5402 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5402 TITLE OF BILL : An act to amend the penal law, in relation to establishing crimes for the use of electronic communications SUMMARY OF PROVISIONS : Section 1. of the penal law is amended by adding three new sections 156.40, 156.41, and 156.42 to read as follows: §156.40. Criminal use of electronic communication in the third degree. A person is guilty of criminal use of electronic communication in the third degree when he or she intentionally uses or attempt to use electronic communication to: 1. Commit, further facilitate or promote conduct constituting a crime; 2. Conceal the commission of any crime; or 3. Conceal or protect the identity of a person who has committed any crime. §156.41 Criminal use of electronic communication in the second degree. A person is guilty of criminal use of electronic communication in the second degree when he or she commits the crime of criminal use of electronic communication in the third degree and he or she: 1. Does so with an intent to commit or attempt to commit or further the commission of a felony;
2009-S5402 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5402 2009-2010 Regular Sessions I N S E N A T E April 29, 2009 ___________ Introduced by Sen. ADAMS -- 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 establishing crimes for the use of electronic communications THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding three new sections 156.40, 156.41, and 156.42 to read as follows: S 156.40. CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE. A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ELEC- TRONIC COMMUNICATION TO: 1. COMMIT, FURTHER FACILITATE OR PROMOTE CONDUCT CONSTITUTING A CRIME; 2. CONCEAL THE COMMISSION OF ANY CRIME; OR 3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY CRIME. CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR. S 150.41 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE. A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF ELEC- TRONIC COMMUNICATION IN THE THIRD DEGREE AND HE OR SHE: 1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO COMMIT OR FURTHER THE COMMISSION OF A FELONY; 2. DOES SO WITH THE INTENT TO CONCEAL THE COMMISSION OF ANY FELONY; 3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY FELONY; 4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE. CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE IS A CLASS E FELONY. S 156.42 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE FIRST DEGREE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11604-01-9
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