Senate Bill S6341A

2023-2024 Legislative Session

Criminalizes the harassment of a child; and establishes a private right of action for harassment of a child

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

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Actions
Votes

Bill Amendments

co-Sponsors

2023-S6341 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.16, Pen L; add §52-e, Civ Rts L

2023-S6341 - Summary

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

2023-S6341 - Sponsor Memo

2023-S6341 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6341
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 criminalizing the  harass-
   ment  of  a  child;  and to amend the civil rights law, in relation to
   establishing a private right of action for harassment of a child

   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 a new section 260.16 to
 read as follows:
 § 260.16 HARASSMENT OF A CHILD.
   A  PERSON  IS  GUILTY  OF  HARASSMENT OF A CHILD WHEN HE OR SHE INTEN-
 TIONALLY OR KNOWINGLY HARASSES, ANNOYS OR ALARMS A CHILD  OR  A  CHILD'S
 PARENT OR GUARDIAN BY:
   1.  STRIKING,  SHOVING, KICKING, OR OTHERWISE SUBJECTING SUCH CHILD TO
 PHYSICAL CONTACT, OR ATTEMPTING OR THREATENING TO DO THE SAME;
   2. FOLLOWING OR LYING IN WAIT OF A CHILD;
   3. ATTEMPTING TO RECORD A CHILD'S IMAGE OR VOICE, WITHOUT THE  EXPRESS
 CONSENT OF THE PARENT OR LEGAL GUARDIAN OF THE CHILD;
   4. ENGAGING IN A COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH
 ALARM,  SERIOUSLY  ANNOY,  OR  CAUSE EMOTIONAL DISTRESS OF A CHILD WHICH
 SERVE NO LEGITIMATE PURPOSE; OR
   5. PUBLISHING IDENTIFYING OR CONTACT INFORMATION ABOUT THE CHILD.
   HARASSMENT OF A CHILD IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
   § 2.  The civil rights law is amended by adding a new section 52-e  to
 read as follows:
   § 52-E. PRIVATE RIGHT OF ACTION FOR HARASSMENT OF A CHILD. A PARENT OR
 LEGAL  GUARDIAN  WHOSE  CHILD  WAS  SUBJECT TO CONDUCT WHICH, IF PROVEN,
 WOULD CONSTITUTE A VIOLATION OF SECTION 260.16 OF  THE  PENAL  LAW,  MAY
 BRING A CIVIL ACTION AGAINST THE INDIVIDUAL THAT ENGAGED IN SUCH CONDUCT
 ON  BEHALF  OF  THE  CHILD.  THE  REMEDIES IN THAT CIVIL ACTION SHALL BE
 LIMITED TO ONE OR MORE OF  THE  FOLLOWING:    ACTUAL  DAMAGES,  PUNITIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02043-02-3

co-Sponsors

2023-S6341A - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.16, Pen L; add §52-e, Civ Rts L

2023-S6341A - Summary

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

2023-S6341A - Sponsor Memo

2023-S6341A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6341--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK,  CHU,  COMRIE,  FERNANDEZ,
   GIANARIS, PARKER, SCARCELLA-SPANTON, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the penal law, in relation to criminalizing the harass-
   ment of a child; and to amend the civil rights  law,  in  relation  to
   establishing a private right of action for harassment of a child
 
   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 a new section 260.16 to
 read as follows:
 § 260.16 HARASSMENT OF A CHILD.
   A PERSON IS GUILTY OF HARASSMENT OF A CHILD  WHEN  HE  OR  SHE  INTEN-
 TIONALLY  OR  KNOWINGLY  HARASSES, ANNOYS OR ALARMS A CHILD OR A CHILD'S
 PARENT OR GUARDIAN BY:
   1. STRIKING, SHOVING, KICKING, OR OTHERWISE SUBJECTING SUCH  CHILD  TO
 PHYSICAL CONTACT, OR ATTEMPTING OR THREATENING TO DO THE SAME;
   2.  FOLLOWING  OR  LYING  IN  WAIT  OF  A CHILD, PROVIDED THAT FOR THE
 PURPOSES OF THIS SECTION, "LYING IN WAIT" MEANS  HOLDING  ONESELF  IN  A
 CONCEALED POSITION TO WATCH AND WAIT FOR A CHILD;
   3. RECORDING OR ATTEMPTING TO RECORD A CHILD'S IMAGE OR VOICE, WITHOUT
 THE EXPRESS CONSENT OF THE PARENT OR LEGAL GUARDIAN OF THE CHILD, OR, IF
 THE  CHILD  IS  FOURTEEN  YEARS OLD OR OLDER, THE EXPRESS CONSENT OF THE
 CHILD, UNLESS THE PERSON ACTS IN A REASONABLE MANNER AND  THE  RECORDING
 IS OF THE CHILD:
   (A) ENGAGING IN PUBLIC SPEECH OR DEMONSTRATION; OR
   (B) ATTENDING OR PARTICIPATING IN A NEWSWORTHY PUBLIC EVENT;
   4. ENGAGING IN A COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS WHICH
 ALARM,  SERIOUSLY  ANNOY,  OR  CAUSE EMOTIONAL DISTRESS OF A CHILD WHICH
 SERVE NO LEGITIMATE PURPOSE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02043-03-3

co-Sponsors

2023-S6341B - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.16, Pen L; add §52-e, Civ Rts L

2023-S6341B - Summary

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

2023-S6341B - Sponsor Memo

2023-S6341B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6341--B
     Cal. No. 871
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK,  CHU,  COMRIE,  FERNANDEZ,
   GIANARIS, PARKER, SCARCELLA-SPANTON, SKOUFIS, THOMAS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the penal law, in relation to criminalizing the  harass-
   ment  of  a  child;  and to amend the civil rights law, in relation to
   establishing a private right of action for harassment of a child
 
   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 a new section 260.16 to
 read as follows:
 § 260.16 HARASSMENT OF A CHILD.
   1.   A PERSON IS GUILTY OF HARASSMENT OF A CHILD WHEN HE OR SHE INTEN-
 TIONALLY OR KNOWINGLY HARASSES, ANNOYS OR ALARMS A CHILD  OR  A  CHILD'S
 PARENT OR GUARDIAN BY:
   A.  STRIKING,  SHOVING, KICKING, OR OTHERWISE SUBJECTING SUCH CHILD TO
 PHYSICAL CONTACT, OR ATTEMPTING OR THREATENING TO DO THE SAME;
   B. FOLLOWING OR LYING IN WAIT  OF  A  CHILD,  PROVIDED  THAT  FOR  THE
 PURPOSES  OF  THIS  SECTION,  "LYING IN WAIT" MEANS HOLDING ONESELF IN A
 CONCEALED POSITION TO WATCH AND WAIT FOR A CHILD;
   C. RECORDING OR ATTEMPTING TO RECORD A CHILD'S IMAGE OR  VOICE,  AFTER
 THE  CHILD,  OR,  IF  THE  CHILD IS YOUNGER THAN FOURTEEN YEARS OLD, THE
 PARENT OR LEGAL GUARDIAN OF THE CHILD HAS EXPRESSED  THAT  THEY  DO  NOT
 CONSENT TO THE CHILD BEING RECORDED, UNLESS THE PERSON ACTS IN A REASON-
 ABLE MANNER AND THE RECORDING IS OF THE CHILD:
   (I) ENGAGING IN PUBLIC SPEECH OR DEMONSTRATION; OR
   (II) ATTENDING OR PARTICIPATING IN A NEWSWORTHY PUBLIC EVENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-S6341C (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.16, Pen L; add §52-e, Civ Rts L

2023-S6341C (ACTIVE) - Summary

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

2023-S6341C (ACTIVE) - Sponsor Memo

2023-S6341C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6341--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK,  CHU,  COMRIE,  FERNANDEZ,
   GIANARIS, PARKER, SCARCELLA-SPANTON, SKOUFIS, THOMAS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- recommitted to the  Committee  on  Codes  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the penal law, in relation to criminalizing the harass-
   ment of a child; and to amend the civil rights  law,  in  relation  to
   establishing a private right of action for harassment of a child
 
   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 a new section 260.16 to
 read as follows:
 § 260.16 CRIMINAL HARASSMENT OF A CHILD.
   1.  A PERSON IS GUILTY OF CRIMINAL HARASSMENT OF A CHILD  WHEN  HE  OR
 SHE  INTENTIONALLY  HARASSES,  ANNOYS  OR  ALARMS THE CHILD OF ANY OTHER
 PERSON BY KNOWINGLY AND WILLFULLY ENGAGING  IN  CONDUCT  DIRECTED  AT  A
 SPECIFIC CHILD THAT SERIOUSLY ALARMS, ANNOYS, TORMENTS OR TERRORIZES THE
 CHILD,  SERVES  NO LEGITIMATE PURPOSE, WOULD CAUSE A REASONABLE CHILD TO
 SUFFER SUBSTANTIAL EMOTIONAL DISTRESS, AND ACTUALLY CAUSES THE CHILD  TO
 SUFFER SUBSTANTIAL EMOTIONAL DISTRESS. SUCH CONDUCT INCLUDES, BUT IS NOT
 LIMITED TO:
   A.  STRIKING,  SHOVING, KICKING, OR OTHERWISE SUBJECTING SUCH CHILD TO
 PHYSICAL CONTACT, OR ATTEMPTING OR THREATENING TO DO THE SAME;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02043-11-4
 S. 6341--C                          2

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