S T A T E   O F   N E W   Y O R K
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                                  4171

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by M. of A. SCARBOROUGH, SIMANOWITZ, MILLER, COLTON, GIBSON,
  ORTIZ, CRESPO, GUNTHER, CASTRO,  JAFFEE,  TITONE,  COOK,  ENGLEBRIGHT,
  SCHIMMINGER, ROBERTS, RODRIGUEZ, WEPRIN -- Multi-Sponsored by -- M. of
  A.  ABBATE,  BOYLAND,  CERETTO,  CORWIN, CROUCH, FINCH, GALEF, GIGLIO,
  JOHNS, LOSQUADRO, MARKEY, MONTESANO, RAIA, WALTER  --  read  once  and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the electronic stalking of
  a  minor, criminal impersonation by means of electronic communications
  and aggravated harassment by means of electronic communication

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 120.40 of the penal law is amended by adding a new
subdivision 6 to read as follows:
  6. "ELECTRONIC  COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER  OF  SIGNS,
SIGNALS,  WRITINGS,  IMAGES,  SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE
TRANSMITTED IN WHOLE OR IN  PART  BY  A  WIRE,  RADIO,  ELECTROMAGNETIC,
PHOTO-ELECTRONIC  OR  PHOTO-OPTIONAL  SYSTEM.   ELECTRONIC COMMUNICATION
SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  TRANSFER  OF  SUCH  COMMUNI-
CATIONS THROUGH THE INTERNET.
  S  2.  Subdivision  4  of section 120.50 of the penal law, as added by
chapter 635 of the laws of 1999, is amended and a new subdivision  5  is
added to read as follows:
  4.  Commits  the crime of stalking in the fourth degree and has previ-
ously been convicted within the preceding ten years of stalking  in  the
fourth degree[.]; OR
  5.  INTENTIONALLY,  AND FOR NO LEGITIMATE PURPOSE, ENGAGES IN A COURSE
OF CONDUCT USING ELECTRONIC COMMUNICATION DIRECTED AT A CHILD UNDER  THE
AGE OF TWENTY-ONE YEARS, AND SUCH CONDUCT:
  (A)  IS  LIKELY TO CAUSE SUCH CHILD A REASONABLE FEAR OF MATERIAL HARM
TO HIS OR HER PHYSICAL HEALTH, SAFETY OR PROPERTY; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02749-01-3

              

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  (B) IS LIKELY TO CAUSE MATERIAL HARM TO THE PHYSICAL HEALTH, EMOTIONAL
HEALTH, SAFETY OR PROPERTY OF SUCH CHILD.
  FOR  THE  PURPOSES  OF THIS SUBDIVISION, ANY ELECTRONIC COMMUNICATIONS
DIRECTED AT A CHILD UNDER THE AGE OF TWENTY-ONE YEARS AND TRANSMITTED TO
MULTIPLE RECIPIENTS NEED NOT BE RECEIVED  BY  THE  CHILD  AT  WHOM  SUCH
COMMUNICATIONS ARE DIRECTED.
  S  3.  Paragraph  (b)  of  subdivision  3 and subdivision 4 of section
190.25 of the penal law, paragraph (b) of subdivision 3  as  amended  by
chapter 27 of the laws of 1980 and subdivision 4 as added by chapter 304
of  the  laws  of  2008, are amended and a new subdivision 5 is added to
read as follows:
  (b) so acts with intent to induce another to submit to such  pretended
official  authority,  to  solicit funds or to otherwise cause another to
act in reliance upon that pretense[.]; OR
  4. Impersonates another by communication by internet website or  elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to
induce  another  to  submit to such authority or act in reliance on such
pretense[.]; OR
  5. IMPERSONATES ANOTHER PERSON BY ELECTRONIC COMMUNICATION, AND THERE-
BY COMMITS A MISDEMEANOR. FOR THE PURPOSES OF THIS  SUBDIVISION,  "ELEC-
TRONIC  COMMUNICATION"  SHALL MEAN ANY TRANSFER OF SIGNS, SIGNALS, WRIT-
INGS, IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE TRANSMITTED  IN
WHOLE  OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTO-ELECTRONIC OR
PHOTO-OPTIONAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE,  BUT  NOT
BE LIMITED TO, THE TRANSFER OF SUCH COMMUNICATIONS THROUGH THE INTERNET.
  S  4.  Subdivision  3  of section 190.26 of the penal law, as added by
chapter 2 of the laws of 1998, is amended and a  new  subdivision  4  is
added to read as follows:
  3.  Pretending to be a duly licensed physician or other person author-
ized to issue a prescription for any drug or any  instrument  or  device
used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is  required  to  be reduced to writing pursuant to section thirty-three
hundred thirty-two of the public health law[.]; OR
  4. IMPERSONATES ANOTHER PERSON BY ELECTRONIC COMMUNICATION, AND THERE-
BY COMMITS A FELONY. FOR THE PURPOSES OF THIS  SUBDIVISION,  "ELECTRONIC
COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER  OF SIGNS, SIGNALS, WRITINGS,
IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE TRANSMITTED IN  WHOLE
OR  IN  PART  BY  A  WIRE,  RADIO,  ELECTROMAGNETIC, PHOTO-ELECTRONIC OR
PHOTO-OPTIONAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE,  BUT  NOT
BE LIMITED TO, THE TRANSFER OF SUCH COMMUNICATIONS THROUGH THE INTERNET.
  S 5. Section 240.00 of the penal law is amended by adding a new subdi-
vision 7 to read as follows:
  7.  "ELECTRONIC  COMMUNICATION"  MEANS ANY TRANSFER OF SIGNS, SIGNALS,
WRITINGS, IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE TRANSMITTED
IN WHOLE OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC,  PHOTO-ELECTRONIC
OR  PHOTO-OPTIONAL SYSTEM.   ELECTRONIC COMMUNICATION SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE  TRANSFER  OF  SUCH  COMMUNICATIONS  THROUGH  THE
INTERNET.
  S  6.  Subdivision 1 of section 240.30 of the penal law, as amended by
chapter 510 of the laws of 2008, is amended to read as follows:
  1. Either (a) communicates with a person, anonymously or otherwise, by
telephone, BY ELECTRONIC COMMUNICATION, by telegraph, or by mail, or  by
transmitting or delivering any other form of written communication, in a
manner likely to cause annoyance or alarm; or

A. 4171                             3

  (b) causes a communication to be initiated by mechanical or electronic
means  or  otherwise  with  a person, anonymously or otherwise, by tele-
phone, BY ELECTRONIC COMMUNICATION, by telegraph,  or  by  mail,  or  by
transmitting or delivering any other form of written communication, in a
manner likely to cause annoyance or alarm; or
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.