Includes contacts via text, email, private message, direct message or other electronic communication in the definition of the offense of aggravated harassment in the second degree.
Summary
S02273 amends New York’s aggravated harassment in the second degree statute to expressly cover harassment carried out through modern electronic communications. Under the bill, a person who intends to harass or threaten another and makes contact by text message, private message, direct message, email, or other electronic communication, without a legitimate purpose, would fall within the offense even if no conversation occurs.
The measure updates Penal Law section 240.30 to reflect current communication methods and aligns the statute with conduct that can already occur through telephone calls. It does not create a new offense, but expands the listed means of committing aggravated harassment to include digital and online messaging platforms. The bill takes effect on November 1 following enactment, with immediate authorization for any necessary implementing rules or regulations.
Impact
The bill would broaden the scope of New York’s aggravated harassment in the second degree law by adding electronic communications to the existing telephone-call language. This would give prosecutors and courts explicit statutory authority to treat harassing or threatening texts, emails, direct messages, private messages, and similar digital contacts as covered conduct under Penal Law section 240.30. The practical effect is to extend criminal liability to modern forms of communication used for repeated or threatening contact, while leaving the underlying offense and penalties in place.
Sentiment
The available voting history suggests broad support for the bill. It passed the Senate Codes Committee by 11-2 and the Senate floor by 61-1 in 2025, with similarly strong committee and floor votes in 2026. The near-unanimous floor votes indicate that most senators viewed the measure as a straightforward update to harassment law rather than a controversial expansion of criminal liability.
Contention
The main point of contention appears to be the scope of criminalization in digital communications. Any opposition likely centers on concerns that expanding aggravated harassment to texts, emails, and social-media-style messages could sweep in ambiguous, heated, or unwanted but noncriminal speech, or raise enforcement and free-speech concerns. Supporters, by contrast, appear to favor the bill as a necessary modernization to address harassment through commonly used electronic channels and to close gaps in the existing statute.
Same As
Includes contacts via text, email, private message, direct message or other electronic communication in the definition of the offense of aggravated harassment in the second degree.
Includes contacts via text, email, private message, direct message or other electronic communication in the definition of the offense of aggravated harassment in the second degree.
Includes contacts via text, email, private message, direct message or other electronic communication in the definition of the offense of aggravated harassment in the second degree.
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.
Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.
Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.