Gang Stalking:N.Y. Senator Advocates Making GPS Stalking a Felony
Senator Nozzolio Co-Sponsors Legislation to Protect Crime Victims Posted by Michael F. Nozzolio on Sunday, June 2nd, 2013
Measure would criminalize stalking with a GPS or electronic tracking device. Continuing his aggressive efforts to strengthen criminal justice laws, protect crime victims, and safeguard New Yorkers privacy, State Senator Mike Nozzolio today announced that he has co-sponsored legislation, S.4187, to empower law enforcement to pursue charges and prosecute criminals who use a GPS or electronic tracking device to stalk victims.
“Our laws must keep pace with new technologies to protect crime victims and increase penalties for the criminals who use these new technologies to stalk and harass others. This legislation represents the next step in our aggressive efforts to keep our communities safe by ensuring that the predators and criminals who use technology to stalk their victims are kept off our streets and in prison where they belong,” said Senator Mike Nozzolio.
Jackie’s Law is named for Jackie Wisniewski, a young nursing student who was brutally murdered by her former boyfriend, Timothy Jorden, in June of 2012 - just three months after it was discovered that Jorden was using a GPS tracking device to stalk her. As incredible as it sounds, law enforcement was unable to arrest or prosecute Jorden when the device was first discovered because New York's current criminal justice laws have not kept up with technology. There is currently no law in place to make it a crime to place a GPS tracking device on someone's vehicle without their consent.
This important legislation would make it a class “E” felony to attach a global positioning system (GPS) to another person’s car without their consent. Under the current laws, it is not illegal to put a GPS tracking device on someone’s vehicle without their consent – even if it is for the purposes of stalking! This legislation protects victims by allowing law enforcement to prosecute perpetrators for the crime of unlawful surveillance, without requiring the victim to file an Order of Protection or press charges.
This is the type of law that can be used to smash gang stalking. The system operates based upon unlawful surveillance, a large part of which is illegal electronic surveillance.
It is encouraging that court decisions on the local and federal levels are beginning to enforce citizen's Fourth Amendment rights as regards new electronic intrusions such as GPS tracking:
The proposed law making GPS tracking a felony in N.Y. will be much more protective of privacy rights than the cases cited above where such tracking by the government resulted in tainted evidence that could not be admitted in criminal cases brought by the government.