Senator John Flanagan (2nd Senate District) today announced legislation he sponsored to further protect New York residents from hate crimes has passed the Senate. The legislation, which has also been approved in the Assembly where it was sponsored by Assemblyman Michael Spano (93rd Assembly District), would expand hate crime protection to those who receive messages in forms that are currently not covered in the hate crime laws.
New York State law already covers letters and other older means of communicating to protect the residents of the state. Recent incidents throughout the state have involved CD’s that were hand delivered to residents have demonstrated the need for an update of New York’s aggravated harassment statute.
Senator Flanagan’s legislation, when it is signed into law by Governor David Paterson, would broaden the definition of a hate crime to include new materials, such as DVD’s, CD’s , e-mail or any other forms of digital transmission in order to acknowledge a hate crime.
This legislation clarifies that any transmittal or delivery of a written communication in a manner likely to cause annoyance or alarm with the intent to harass, annoy, threaten or alarm another person, creates the crime of aggravated harassment in the second degree.
This change in state law would allow law enforcement to more effectively prosecute hate crimes by adding these other forms of communication to existing state law.
Additionally, the legislation amends current law to include all types of hateful communications that may cause fear or anxiety to any individual or group that is being targeted. This will allow law enforcement to charge those who distribute offensive literature or communications with a hate crime.
"Our state has an obligation to strengthen our laws to fight hate crimes in every form. The passage of this measure will provide greater protections to our law-abiding residents while keeping pace with growing technologies," stated Senator John Flanagan (2nd Senate District). "While I respect the right to freedom of speech, the criminals who try to conveniently hide behind it must know that hatred which infringes upon the liberties of another will never be tolerated in New York State."
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