Bill Text: NY S07734 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Relates to aggravated harassment in the second degree; includes contact by a computer or any other electronic means as a form of harassment and states that a person may not contact someone with intent to threaten another person when that person knows or reasonably should know that the communication is likely to cause such person to reasonably fear harm to such person's physical safety or property or harm to a member of such person's same family or household.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2014-06-19 - referred to codes [S07734 Detail]

Download: New_York-2013-S07734-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7734
                                   I N  S E N A T E
                                     June 3, 2014
                                      ___________
       Introduced  by  Sens.  NOZZOLIO,  DeFRANCISCO  -- 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 aggravated  harassment  in
         the second degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph and subdivisions 1 and 2  of  section
    2  240.30  of the penal law, as amended by chapter 510 of the laws of 2008,
    3  are amended to read as follows:
    4    A person is guilty of  aggravated  harassment  in  the  second  degree
    5  when[,  with  intent to harass, annoy, threaten or alarm another person,
    6  he or she]:
    7    1. [Either] WITH INTENT TO THREATEN ANOTHER PERSON, HE OR SHE EITHER:
    8    (a) communicates with a person, anonymously  or  otherwise,  by  tele-
    9  phone, by [telegraph] COMPUTER, or by mail, or by transmitting or deliv-
   10  ering  any  other form of written communication, [in a manner] AND KNOWS
   11  OR REASONABLY SHOULD KNOW THAT SUCH COMMUNICATION   IS likely  to  cause
   12  [annoyance  or alarm] MATERIAL HARM TO THE MENTAL OR EMOTIONAL HEALTH OF
   13  SUCH PERSON, A MEMBER OF SUCH PERSON'S  IMMEDIATE  FAMILY,  OR  A  THIRD
   14  PARTY WITH WHOM SUCH PERSON IS ACQUAINTED; or
   15    (b) causes a communication to be initiated by mechanical or electronic
   16  means  or  otherwise  with  a person, anonymously or otherwise, by tele-
   17  phone, by [telegraph] COMPUTER, or by mail, or by transmitting or deliv-
   18  ering any other form of written communication[, in a manner]  AND  KNOWS
   19  OR  REASONABLY  SHOULD  KNOW  THAT SUCH COMMUNICATION IS likely to cause
   20  [annoyance or alarm] MATERIAL HARM TO THE MENTAL OR EMOTIONAL HEALTH  OF
   21  SUCH  PERSON,  A  MEMBER  OF  SUCH PERSON'S IMMEDIATE FAMILY, OR A THIRD
   22  PARTY WITH WHOM SUCH PERSON IS ACQUAINTED; or
   23    2. [Makes] WITH INTENT TO HARASS OR THREATEN ANOTHER PERSON, HE OR SHE
   24  MAKES a telephone call, whether or not a conversation  ensues,  with  no
   25  purpose of legitimate communication; or
   26    S 2. This act shall take effect on the first of November next succeed-
   27  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15451-01-4