S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    417
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 commission of  certain
   crimes by persons acting on behalf of a foreign government

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 135.65 of the penal law, as amended by section 3 of
 part NN of chapter 55 of the  laws  of  2018,  is  amended  to  read  as
 follows:
 § 135.65 Coercion in the first degree.
   A  person  is  guilty  of  coercion in the first degree when he or she
 commits the crime of coercion in the third degree, and when:
   1. He or she commits such crime by instilling in  the  victim  a  fear
 that he or she will cause physical injury to a person or cause damage to
 property; or
   2. He or she thereby compels or induces the victim to:
   (a) Commit or attempt to commit a felony; or
   (b) Cause or attempt to cause physical injury to a person; or
   (c) Violate his or her duty as a public servant[.]; OR
   3. HE OR SHE IS ACTING ON BEHALF OF A FOREIGN GOVERNMENT.
   Coercion in the first degree is a class D felony.
   §  2.  Subdivision 3 of section 135.25 of the penal law, as amended by
 chapter 791 of the laws of 1967, is amended and a new subdivision  4  is
 added to read as follows:
   3.  The  person abducted dies during the abduction or before he OR SHE
 is able to return or to be returned  to  safety.  Such  death  shall  be
 presumed, in a case where such person was less than sixteen years old or
 an  incompetent  person at the time of the abduction, from evidence that
 his OR HER parents, guardians or other lawful custodians did not see  or
 hear  from  him  OR  HER  following the termination of the abduction and
 prior to trial and received no reliable information during  such  period
 persuasively  indicating  that  he OR SHE was alive. In all other cases,
 such death shall be presumed from evidence that a person whom the person
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01916-01-3
 S. 417                              2
 
 abducted would have been extremely likely to visit or  communicate  with
 during  the  specified period were he OR SHE alive and free to do so did
 not see or hear from him OR HER during such period and received no reli-
 able  information  during such period persuasively indicating that he OR
 SHE was alive[.]; OR
   4. HE OR SHE IS ACTING ON BEHALF OF A FOREIGN GOVERNMENT.
   § 3. Section 120.60 of the penal law, as amended by chapter 434 of the
 laws of 2000, is amended to read as follows:
 § 120.60 Stalking in the first degree.
   A person is guilty of stalking in the first  degree  when  he  or  she
 commits the crime of stalking in the third degree as defined in subdivi-
 sion three of section 120.50 or stalking in the second degree as defined
 in  section  120.55  of  this article and, in the course and furtherance
 thereof, he or she:
   1. intentionally or recklessly causes physical injury to the victim of
 such crime; or
   2. commits a class A misdemeanor defined in article one hundred thirty
 of this chapter, or a class E felony defined in section  130.25,  130.40
 or 130.85 of this chapter, or a class D felony defined in section 130.30
 or 130.45 of this chapter[.]; OR
   3. IS ACTING ON BEHALF OF A FOREIGN GOVERNMENT.
   Stalking in the first degree is a class D felony.
   §  4.  Subdivision 4 of section 120.10 of the penal law, as amended by
 chapter 791 of the laws of 1967, is amended and a new subdivision  5  is
 added to read as follows:
   4.  In the course of and in furtherance of the commission or attempted
 commission of a felony or of immediate flight therefrom, he OR  SHE,  or
 another participant if there be any, causes serious physical injury to a
 person other than one of the participants[.]; OR
   5. HE OR SHE IS ACTING ON BEHALF OF A FOREIGN GOVERNMENT.
   § 5. Section 156.10 of the penal law, as amended by chapter 558 of the
 laws of 2006, is amended to read as follows:
 § 156.10 Computer trespass.
   A person is guilty of computer trespass when he or she knowingly uses,
 causes to be used, or accesses a computer, computer service, or computer
 network without authorization and:
   1.  he or she does so with an intent to commit or attempt to commit or
 further the commission of any felony; or
   2. he or she thereby knowingly gains access to  computer  material[.];
 OR
   3. HE OR SHE IS ACTING ON BEHALF OF A FOREIGN GOVERNMENT.
   Computer trespass is a class E felony.
   §  6.  Subdivision  5  of section 240.31 of the penal law, as added by
 chapter 74 of the laws of 2008, is amended and a new  subdivision  6  is
 added to read as follows:
   5. Etches, paints, draws upon or otherwise places or displays a noose,
 commonly exhibited as a symbol of racism and intimidation, on any build-
 ing or other real property, public or private, owned by any person, firm
 or  corporation or any public agency or instrumentality, without express
 permission  of  the  owner  or  operator  of  such  building   or   real
 property[.]; OR
   6. COMMITS THE CRIME OF AGGRAVATED HARASSMENT IN THE SECOND DEGREE AND
 IS ACTING ON BEHALF OF A FOREIGN GOVERNMENT.
   § 7. This act shall take effect immediately.