S T A T E O F N E W Y O R K
________________________________________________________________________
1954
2017-2018 Regular Sessions
I N S E N A T E
January 11, 2017
___________
Introduced by Sens. KLEIN, ADDABBO, ALCANTARA, AVELLA, BRESLIN, CARLUC-
CI, DILAN, GALLIVAN, GOLDEN, HANNON, KENNEDY, LARKIN, RANZENHOFER,
SAVINO, SERINO, STAVISKY, STEWART-COUSINS, VALESKY -- 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 the electronic stalking of
a minor and criminal impersonation by means of electronic communi-
cations
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-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE TRANSFER OF SUCH COMMUNI-
CATIONS THROUGH THE INTERNET.
§ 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
(B) IS LIKELY TO CAUSE MATERIAL HARM TO THE PHYSICAL HEALTH, EMOTIONAL
HEALTH, SAFETY OR PROPERTY OF SUCH CHILD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07339-01-7
S. 1954 2
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.
§ 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-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE TRANSFER OF SUCH COMMUNICATIONS THROUGH THE INTERNET.
§ 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-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE TRANSFER OF SUCH COMMUNICATIONS THROUGH THE INTERNET.
§ 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
