Establishes the crimes of harassment of a law enforcement officer or a member of the officer's family in the first degree and second degree.
Summary
Bill S01413 amends the penal law to establish two new crimes: harassment of a law enforcement officer or a member of the officer's family in the first degree and second degree. The first degree offense is defined as intentionally harassing, annoying, threatening, or alarming a law enforcement officer or their family through various forms of communication that instill fear of physical harm. This offense is classified as a class E felony. The second degree offense includes actions such as physical contact, following, or engaging in a course of conduct that alarms or annoys a law enforcement officer or their family without legitimate purpose, classified as a class B misdemeanor.
Impact
The bill introduces new classifications of harassment specifically targeting law enforcement officers and their families, thereby expanding the scope of the penal law. It establishes legal definitions and consequences for actions that are perceived as threatening or harassing towards these individuals, potentially leading to increased legal protections for law enforcement personnel and their families. This could also influence law enforcement practices and community interactions, as the definitions may lead to more arrests and prosecutions for harassment-related offenses.
Sentiment
The general sentiment around Bill S01413 appears to be supportive among lawmakers who prioritize the safety and protection of law enforcement officers and their families. However, there may be concerns regarding the implications for free speech and the potential for misuse of the law against individuals expressing dissent or criticism towards law enforcement.
Contention
Notable points of contention may arise from civil liberties advocates who argue that the bill could infringe on free speech rights and lead to overreach in prosecuting individuals for minor or non-threatening interactions with law enforcement. Supporters of the bill, including law enforcement representatives, argue that it is necessary to protect officers and their families from harassment and threats, especially in the current climate of heightened tensions between law enforcement and communities.
Establishes threats of violence against prosecutors, law enforcement officers and their family members as second degree crime, subject to No Early Release Act sentencing.
Establishes threats of violence against prosecutors, law enforcement officers and family members as a second degree crime, subject to No Early Release Act sentencing.
Upgrades to third degree crime for cyber-harassment of public servant or family member of public servant; establishes Office of Cyber-Harassment Support in DLPS; appropriates funds.
Upgrades to third degree crime for cyber-harassment of public servant or family member of public servant; establishes Office of Cyber-Harassment Support in DLPS; appropriates funds.
Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.
Establishes hate crimes against police officers; defines such crimes as committing murder in the first degree, aggravated murder, or murder in the second degree against a police officer and the victim is chosen because they are a police officer.
Establishes the crimes of grooming of a child in the first and second degree and predatory sexual misconduct toward a child enrolled in school in the first and second degree
Increases criminal penalties for aggravated harassment of an elected official and criminal trespass of an elected official's residence; provides that aggravated harassment of an elected official shall be a class E felony and criminal trespass of an elected official's residence shall be included in criminal trespass in the first degree and shall be a class D felony.