Bill Text: NY A06175 | 2013-2014 | General Assembly | Introduced

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Bill Title: Creates the crime of aggravated harassment of a family member of a person in active military service of the United States and makes such crime a class E felony.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A06175 Detail]

Download: New_York-2013-A06175-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6175
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 15, 2013
                                      ___________
       Introduced by M. of A. TEDISCO, McDONOUGH -- Multi-Sponsored by -- M. of
         A. HAWLEY, KOLB -- read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal law, in relation to creating the crime of
         aggravated harassment of a family member of a person in  active  mili-
         tary service
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 240.33  to
    2  read as follows:
    3  S  240.33 AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A PERSON IN ACTIVE
    4             MILITARY SERVICE.
    5    1. A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A
    6  PERSON IN ACTIVE MILITARY SERVICE WHEN, WITH INTENT  TO  HARASS,  ANNOY,
    7  THREATEN OR ALARM ANOTHER PERSON, HE OR SHE EITHER:
    8    (A)  COMMUNICATES  WITH A PERSON, WHO AT THE TIME OF THE COMMUNICATION
    9  HAS A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES,  AS
   10  SUCH TERM IS DEFINED IN  SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY OR
   11  OTHERWISE,  BY  TELEPHONE,  OR  BY  TELEGRAPH, MAIL OR ANY OTHER FORM OF
   12  WRITTEN COMMUNICATION, IN A MANNER LIKELY TO CAUSE  ANNOYANCE  OR  ALARM
   13  AND  SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH PERSON'S
   14  FAMILY MEMBER; OR
   15    (B) CAUSES A COMMUNICATION TO BE INITIATED BY MECHANICAL OR ELECTRONIC
   16  MEANS OR OTHERWISE WITH A PERSON, WHO AT THE TIME OF  THE  COMMUNICATION
   17  HAS  A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES, AS
   18  SUCH TERM IS DEFINED IN SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY  OR
   19  OTHERWISE,  BY  TELEPHONE,  OR  BY  TELEGRAPH, MAIL OR ANY OTHER FORM OF
   20  WRITTEN COMMUNICATION, IN A MANNER LIKELY TO CAUSE  ANNOYANCE  OR  ALARM
   21  AND  SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH PERSON'S
   22  FAMILY MEMBER.
   23    2. FOR THE  PURPOSES  OF  THIS  SECTION,  "FAMILY  MEMBER"  MEANS  THE
   24  HUSBAND, WIFE, SON, DAUGHTER, FATHER OR MOTHER OF A PERSON.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05783-01-3
       A. 6175                             2
    1    AGGRAVATED  HARASSMENT  OF A FAMILY MEMBER OF A PERSON IN ACTIVE MILI-
    2  TARY SERVICE IS A CLASS E FELONY.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.