A 867: Includes the use of Bluetooth technology in the definition of "following" a person, as it relates to the crime of stalking in the fourth degree.
The proposed law aims to expand the definition of stalking in the fourth degree to include certain use of Bluetooth technology. A person can be guilty of stalking in the fourth degree if they intentionally engage in a course of conduct directed at a specific person, causing them to fear harm to their physical health, safety, or property, or causing them mental or emotional harm. This conduct can include following, telephoning, or initiating communication with the person, a family member, or a third party, and must have previously been informed to cease. The law also includes situations where the conduct is likely to cause the person to fear harm to their employment, business, or career. The proposed law defines "following" to include unauthorized tracking of a person's movements or location through the use of a global positioning system, Bluetooth technology, or other devices. Stalking…
| Jan. 12, 2026 | REFERRED TO CODES |
| Jan. 12, 2026 | delivered to senate |
| Jan. 12, 2026 | passed assembly |
| Jan. 07, 2026 | ordered to third reading cal.33 |
| Jan. 07, 2026 | RETURNED TO ASSEMBLY |
STATE OF NEW YORK ________________________________________________________________________ 867 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. GLICK, EACHUS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to including certain use of Bluetooth technology to follow a person in the crime of stalking in the fourth degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 120.45 of the penal law, as amended by chapter 184 2 of the laws of 2014, is amended to read as follows: 3 § 120.45 Stalking in the fourth degree. 4 A person is guilty of stalking in the fourth degree when [he or she] 5 such person intentionally, and for no legitimate purpose, engages in a 6 course of conduct directed at a specific person, and knows or reasonably 7 should know that such conduct: 8 1. is likely to cause reasonable fear of material harm to the physical 9 health, safety or property of such person, a member of such person's 10 immediate family or a third party with whom such person is acquainted; 11 or 12 2. causes material harm to the mental or emotional health of such 13 person, where such conduct consists of following, telephoning or initi- 14 ating communication or contact with such person, a member of such 15 person's immediate family or a third party with whom such person is 16 acquainted, and the actor was previously clearly informed to cease that 17 conduct; or 18 3. is likely to cause such person to reasonably fear that [his or her] 19 such person's employment, business or career is threatened, where such 20 conduct consists of appearing, telephoning or initiating communication 21 or contact at such person's place of employment or business, and the 22 actor was previously clearly informed to cease that conduct. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03028-01-5A. 867 2 1 For the purposes of subdivision two of this section, "following" shall 2 include the unauthorized tracking of such person's movements or location 3 through the use of a global positioning system, Bluetooth technology, or 4 other device. 5 Stalking in the fourth degree is a class B misdemeanor. 6 § 2. This act shall take effect immediately.