BILL NUMBER: S3519
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the penal law, in relation to redefining the term
"following" for a crime of stalking in the fourth degree
 
PURPOSE:
The purpose of this bill is to further define "following" under sub-sec-
tion 2.
 
SUMMARY OF PROVISIONS:
Section 1: Adds a clearer definition to the term "following" pursuant to
sub-division 2, to section 120.45 to include when a person "places,
inserts or attaches any device or computer software, program, spyware,
malware or adware that gains access to records, tracks, or reports, a
person's movement or location without the permission or authority of the
person. For purposes of this section, property owned by a person's
employer shall not constitute Stalking under this statute.
 
JUSTIFICATION:
As technology advances, nefarious individuals continue to apply devices
and computer software to track and locate persons without their permis-
sion. Such activities have resulted in numerous criminal actions against
unsuspecting victims. By clarifying the term "following" under the stat-
ute, the use of modem computer technologies to stalk is now prohibited.
 
LEGISLATIVE HISTORY:
2024; Held in Senate Codes.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S3519: 120.45 penal law