BILL NUMBER: S2450

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the penal law, in relation to including contacts via
text, private message, direct message, email or other electronic commu-
nication in the definition of the offense of aggravated harassment in
the second degree

 
PURPOSE OR GENERAL IDEA OF BILL:

To treat electronic communications with intent to harass or threaten
another person under the same standard as telephone calls.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends Subdivision two of Section 240.30 of the penal law to include
contacts via text, private message, direct message, or email or other
electronic communication in the definition of the offense of aggravated
harassment in the second degree.

              

 
JUSTIFICATION:

Existing law treats telephone calls made with an intent to harass or
threaten an individual as aggravated harassment in the second degree, a
Class A misdemeanor, but does not have any provision related to elec-
tronic communications such as text or email. As technology has evolved,
forms of harassment have also evolved, and updating New York's penal law
to reflect these changes will help protect New Yorkers from these new
forms of harassment.

A recent incident where multiple individuals were sent unsolicited and
unwanted text messages with sexually graphic images from the same indi-
vidual highlights the need to update the law. Law 'enforcement represen-
tatives indicated that under existing law such communications could only
be treated as harassment in the second degree, a violation. Since
violations can only be charged in cases where law enforcement witnesses
the offence, no charges could be brought in this case. By updating the
law to treat texts, private messages, emails and other electronic commu-
nications under the same standard as phone calls, this legislation will
provide law enforcement with greater ability to address this new form of
harassment.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.1477a/ A.544a Braunstein - Passed Senate

2019-20: S.2636/A.231 Braunstein - Passed Senate

2017-18: S.9148/A.11344 Braunstein - Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The first of November next succeeding the date upon which it shall have
become law.