S 7469: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7469 2025-2026 Regular Sessions  IN SENATE April 17, 2025 ___________ Introduced by Sens. HOYLMAN-SIGAL, BROUK, COMRIE, FERNANDEZ, GIANARIS, PARKER, SCARCELLA-SPANTON, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 such 5 person 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 20 consent to the child being recorded, unless the person acts in a reason- 21 able manner and the recording is of the child: 22 (i) engaging in public speech or demonstration; or 23 (ii) attending or participating in a newsworthy public event; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08359-01-5 
 S. 7469 2 1 d. engaging in a course of conduct or repeatedly committing acts which 2 alarm, seriously annoy, or cause emotional distress of a child which 3 serve no legitimate purpose; or 4 e. publishing identifying or contact information about the child with- 5 out the express consent of the parent or legal guardian of the child, 6 or, if the child is fourteen years old or older, the express consent of 7 the child. 8 2. The provisions of this section shall not apply with respect to any 9 law enforcement personnel engaged in the conduct of their authorized 10 duties or to any person engaged in otherwise legally mandated activ- 11 ities. 12 Criminal harassment of a child is a class A misdemeanor. 13 § 2. The civil rights law is amended by adding a new section 52-e to 14 read as follows: 15 § 52-e. Private right of action for harassment of a child. 1. A 16 parent or legal guardian whose child was subject to conduct which 17 constitutes harassment pursuant to subdivision two of this section, may 18 bring a civil action against the individual that engaged in such conduct 19 on behalf of the child. The remedies in that civil action shall be 20 limited to one or more of the following: actual damages, punitive 21 damages, reasonable attorney's fees, costs, discouragement of any 22 compensation from the sale, license, or dissemination of the child's 23 image or voice received by the individual, and injunctive relief. The 24 rights and remedies conferred in this section shall be cumulative and in 25 addition to and not in lieu of any other rights or remedies available 26 under law. 27 2. For the purposes of this section, a person, other than law enforce- 28 ment personnel engaged in the conduct of their authorized duties or a 29 person engaged in otherwise legally mandated activity, harasses a child 30 when such person intentionally or knowingly harasses, annoys or alarms a 31 child or a child's parent or guardian by: 32 a. striking, shoving, kicking, or otherwise subjecting such child to 33 physical contact, or attempting or threatening to do the same; 34 b. following or lying in wait of a child, provided that for the 35 purposes of this section, "lying in wait" means holding oneself in a 36 concealed position to watch and wait for a child; 37 c. recording or attempting to record a child's image or voice, after 38 the child, or, if the child is younger than fourteen years old, the 39 parent or legal guardian of the child has expressed that they do not 40 consent to the child being recorded, unless the person acts in a reason- 41 able manner and the recording is of the child: 42 (i) engaging in public speech or demonstration; or 43 (ii) attending or participating in a newsworthy public event; 44 d. engaging in a course of conduct or repeatedly committing acts which 45 alarm, seriously annoy, or cause emotional distress of a child which 46 serve no legitimate purpose; or 47 e. publishing identifying or contact information about the child with- 48 out the express consent of the parent or legal guardian of the child, 49 or, if the child is fourteen years old or older, the express consent of 50 the child. 51 § 3. This act shall take effect on the thirtieth day after it shall 52 have become a law.