New York Assembly Bill A08076

New York 2025-2026 Regular Session

• Introduced: 4/24/25
• Refer: 4/24/25
• Refer: 1/7/26

Caption

Redefines the term "following" for a crime of stalking in the fourth degree to include the use of certain devices or computers to gain access to, record, track or report the movement or location of a person or their property without the person's permission or authority to do so.

Summary

A08076 amends New York’s penal law definition of “following” for stalking in the fourth degree. Under current law, “following” includes unauthorized tracking of a person’s movements or location through a GPS or similar device. This bill broadens that definition to cover the placement, attachment, or insertion of any device, computer software, spyware, malware, or adware that can access, record, track, or report a person’s movement or location, or the movement or location of their property, without permission or authority. The bill is aimed at modernizing the stalking statute to reflect current tracking technologies and digital surveillance methods. It also adds an express carveout stating that an employer’s use of location or tracking technology in the normal course of business or under an employment agreement does not constitute stalking under this provision. The bill would take effect immediately upon enactment.

Impact

The bill would expand Penal Law section 120.45 by updating the statutory meaning of “following” to include software-based and device-based tracking beyond traditional GPS devices. This would potentially broaden criminal liability for stalking in the fourth degree to cover cyberstalking and covert digital monitoring of a person or their property, while preserving lawful employer tracking practices. It would affect prosecutors, defense counsel, victims of stalking, and employers using workplace tracking technologies.

Sentiment

The available materials do not include committee debate or recorded votes, so there is no documented opposition or support in the transcript record. Based on the bill text and caption, the measure appears to be framed as a protective update to address modern stalking tactics and likely reflects a public-safety-oriented approach. The inclusion of an employer exception suggests an effort to balance victim protection with legitimate business uses of tracking technology.

Contention

The main potential point of contention is the breadth of the expanded definition of “following,” particularly the inclusion of software such as spyware, malware, and adware and the possibility of capturing a wide range of digital conduct. Another likely issue is the employer carveout, which may raise questions about what qualifies as the normal course of business or an employment agreement and whether that exception could be applied too broadly or too narrowly. No specific objections or supporters are identified in the provided record.