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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6872C
SPONSOR: Cruz 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 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 under section
260.16 of the penal law 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. In response, California has enforced
increased penalties for the harassment of children since 2013. New York
should follow suit in better holding 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 harassment of a child, a class A misdemeanor, and
create a private right of action under which parents and legal,guardians
of an aggrieved child may sue on their child's behalf. Actions consid-
ered harassment under this bill include: striking or shoving a child,
or threatening to do so, following or lying in wait of a child, record-
ing 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:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
6872--C
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. CRUZ, GIBBS, SANTABARBARA, LUNSFORD, McMAHON,
ZACCARO, CONRAD, RAMOS, COLTON, JEAN-PIERRE, GUNTHER, L. ROSENTHAL,
SIMONE, HEVESI -- read once and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Codes in accordance with
Assembly Rule 3, sec. 2 -- 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:
1 Section 1. The penal law is amended by adding a new section 260.16 to
2 read as follows:
3 § 260.16 Criminal harassment of a child.
4 1. A person is guilty of criminal harassment of a child when he or
5 she intentionally harasses, annoys or alarms the child of any other
6 person by knowingly and willfully engaging in conduct directed at a
7 specific child that seriously alarms, annoys, torments or terrorizes the
8 child, serves no legitimate purpose, would cause a reasonable child to
9 suffer substantial emotional distress, and actually causes the child to
10 suffer substantial emotional distress. Such conduct includes, but is not
11 limited to:
12 a. striking, shoving, kicking, or otherwise subjecting such child to
13 physical contact, or attempting or threatening to do the same;
14 b. following or lying in wait of a child, provided that for the
15 purposes of this section, "lying in wait" means holding oneself in a
16 concealed position to watch and wait for a child;
17 c. recording or attempting to record a child's image or voice, after
18 the child, or, if the child is younger than fourteen years old, the
19 parent or legal guardian of the child has expressed that they do not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02043-12-4
A. 6872--C 2
1 consent to the child being recorded, unless the person acts in a reason-
2 able manner and the recording is of the child:
3 (i) engaging in public speech or demonstration; or
4 (ii) attending or participating in a newsworthy public event;
5 d. engaging in a course of conduct or repeatedly committing acts which
6 alarm, seriously annoy, or cause emotional distress of a child which
7 serve no legitimate purpose; or
8 e. publishing identifying or contact information about the child with-
9 out the express consent of the parent or legal guardian of the child,
10 or, if the child is fourteen years old or older, the express consent of
11 the child.
12 2. The provisions of this section shall not apply with respect to any
13 law enforcement personnel engaged in the conduct of their authorized
14 duties or to any person engaged in otherwise legally mandated activ-
15 ities.
16 Criminal harassment of a child is a class A misdemeanor.
17 § 2. The civil rights law is amended by adding a new section 52-e to
18 read as follows:
19 § 52-e. Private right of action for harassment of a child. 1. A
20 parent or legal guardian whose child was subject to conduct which
21 constitutes harassment pursuant to subdivision two of this section, may
22 bring a civil action against the individual that engaged in such conduct
23 on behalf of the child. The remedies in that civil action shall be
24 limited to one or more of the following: actual damages, punitive
25 damages, reasonable attorney's fees, costs, discouragement of any
26 compensation from the sale, license, or dissemination of the child's
27 image or voice received by the individual, and injunctive relief. The
28 rights and remedies conferred in this section shall be cumulative and in
29 addition to and not in lieu of any other rights or remedies available
30 under law.
31 2. For the purposes of this section, a person, other than law enforce-
32 ment personnel engaged in the conduct of their authorized duties or a
33 person engaged in otherwise legally mandated activity, harasses a child
34 when he or she intentionally or knowingly harasses, annoys or alarms a
35 child or a child's parent or guardian by:
36 a. striking, shoving, kicking, or otherwise subjecting such child to
37 physical contact, or attempting or threatening to do the same;
38 b. following or lying in wait of a child, provided that for the
39 purposes of this section, "lying in wait" means holding oneself in a
40 concealed position to watch and wait for a child;
41 c. recording or attempting to record a child's image or voice, after
42 the child, or, if the child is younger than fourteen years old, the
43 parent or legal guardian of the child has expressed that they do not
44 consent to the child being recorded, unless the person acts in a reason-
45 able manner and the recording is of the child:
46 (i) engaging in public speech or demonstration; or
47 (ii) attending or participating in a newsworthy public event;
48 d. engaging in a course of conduct or repeatedly committing acts which
49 alarm, seriously annoy, or cause emotional distress of a child which
50 serve no legitimate purpose; or
51 e. publishing identifying or contact information about the child with-
52 out the express consent of the parent or legal guardian of the child,
53 or, if the child is fourteen years old or older, the express consent of
54 the child.
55 § 3. This act shall take effect on the thirtieth day after it shall
56 have become a law.
