BILL NUMBER: S7469
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
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
 
PURPOSE:
To protect children from harassment, stalking, and non-consensual
recording.
 
SUMMARY OF PROVISIONS:
Section one adds to the penal law section 260.16 to create the class A
misdemeanor of criminal harassment of a child.
Section two adds to the civil rights law section 52-e to create a
private right of action for the harassment of a child and establishes
available remedies in such a suit.
 
JUSTIFICATION:
Every child should be able to enjoy their childhood free from harass-
ment, stalking, and nonconsensual recording. Unfortunately, for many
children of public figures, child stars, or ordinary kids who have "gone
viral" on the Internet, this kind of harassment can be a regular occur-
rence. Parents and adults who experienced harassment as a child have
testified to the traumatizing impact these hostile interruptions to
everyday life can have on a family. The negative potential of nonconsen-
sual recording continues to grow with new technologies like generative
artificial intelligence, which can be used to easily create sexualized
or other inappropriate content from otherwise innocuous photographs and
video.
In response, California has enforced increased penalties for the harass-
ment of children since 2013. New York should follow suit in better hold-
ing accountable adults that physically harass, emotionally distress, or
non-consensually record children in our state.
This bill, taking inspiration from California's legislation, would
create a new crime of criminal harassment of a child, a class A misde-
meanor, and create a private right of action for harassment under which
parents and legal guardians of an aggrieved child may sue on their
child's behalf. Actions considered harassment under this bill include:
striking or shoving a child, or threatening to do so, following or lying
in wait of a child, recording or attempting to record a child's image or
voice without express parental consent or the consent of the child if
fourteen or older, or publishing identifying information about the
child. These actions would only constitute harassment when the person
intentionally or knowingly harasses, annoys or alarms the child through
these actions.
 
LEGISLATIVE HISTORY:
2024: S.6341-C/A.6872-C - Passed Senate. Died in Assembly Codes.
2023: S.6341-B/A.6872-B - Passed Senate. Died in Assembly Codes.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.