Criminalizes the harassment of a child; and establishes a private right of action for harassment of a child

• Democratic7

◆ The sponsor's argument

Why the sponsor says this is needed

Every child should be able to enjoy their childhood free from harass- ment, stalking, and nonconsensual recording. Unfortunately, for many children of public figures, child stars, or ordinary kids who have "gone viral" on the Internet, this kind of harassment can be a regular occur- rence. Parents and adults who experienced harassment as a child have testified to the traumatizing impact these hostile interruptions to everyday life can have on a family. The negative potential of nonconsen- sual recording continues to grow with new technologies like generative artificial intelligence, which can be used to easily create sexualized or other inappropriate content from otherwise innocuous photographs and video. In response, California has enforced increased penalties for the harass- ment of children since 2013. New York should follow suit in better hold- ing accountable adults that physically harass, emotionally distress, or non-consensually record children in our state. This bill, taking inspiration from California's legislation, would create a new crime of criminal harassment of a child, a class A misde- meanor, and create a private right of action for harassment under which parents and legal guardians of an aggrieved child may sue on their child's behalf. Actions considered harassment under this bill include: striking or shoving a child, or threatening to do so, following or lying in wait of a child, recording or attempting to record a child's image or voice without express parental consent or the consent of the child if fourteen or older, or publishing identifying information about the child. These actions would only constitute harassment when the person intentionally or knowingly harasses, annoys or alarms the child through these actions.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.