S T A T E   O F   N E W   Y O R K
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                                  8031

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2011
                               ___________

Introduced  by M. of A. RAMOS -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the military law, the civil rights  law  and  the  penal
  law, in relation to unauthorized use of names and images of members of
  the armed forces or organized militia of New York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The military law is amended by adding a new section 267  to
read as follows:
  S  267.  RIGHT  OF  PRIVACY  OF  MILITARY PERSONNEL. A PERSON, FIRM OR
CORPORATION THAT USES FOR ADVERTISING PURPOSES, OR FOR THE  PURPOSES  OF
TRADE,  THE  NAME, PORTRAIT OR PICTURE OF ANY MEMBER OF THE ARMED FORCES
OR ORGANIZED MILITIA OF NEW YORK, LIVING  OR  DECEASED,  WITHOUT  HAVING
FIRST  OBTAINED  THE  WRITTEN  CONSENT  OF  SUCH PERSON IF LIVING, OR IF
DECEASED OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY  SPOUSE,  CHIL-
DREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS GUILTY OF A CLASS E FELONY.
  S 2. Section 50 of the civil rights law is amended to read as follows:
  S 50. Right of privacy. 1. A person, firm or corporation that uses for
advertising  purposes,  or for the purposes of trade, the name, portrait
or picture of any living person without having first obtained the  writ-
ten consent of such person, or if a minor of his or her parent or guard-
ian, is guilty of a CLASS A misdemeanor.
  2.  A  PERSON, FIRM OR CORPORATION THAT USES FOR ADVERTISING PURPOSES,
OR FOR THE PURPOSES OF TRADE, THE  NAME,  PORTRAIT  OR  PICTURE  OF  ANY
MEMBER  OF  THE ARMED FORCES OR ORGANIZED MILITIA OF NEW YORK, LIVING OR
DECEASED, WITHOUT HAVING FIRST OBTAINED  THE  WRITTEN  CONSENT  OF  SUCH
PERSON  IF  LIVING,  OR  IF  DECEASED  OF HIS OR HER SURVIVING RELATIVES
INCLUDING ANY SPOUSE, CHILDREN, PARENTS, GRANDPARENTS AND  SIBLINGS,  IS
GUILTY OF A CLASS E FELONY.
  S  3.  The  penal law is amended by adding two new sections 250.70 and
270.75 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11264-01-1
              

A. 8031                             2

S 250.70 INVASION OF PRIVACY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE SECOND DEGREE WHEN HE
OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
PICTURE OF ANY LIVING PERSON, WITHOUT HAVING FIRST OBTAINED THE  WRITTEN
CONSENT  OF SUCH PERSON, OR THE NAME, PORTRAIT OR PICTURE IS OF A MINOR,
WITHOUT HAVING FIRST OBTAINED PERMISSION OF HIS OR HER PARENT OR GUARDI-
AN.
  INVASION OF PRIVACY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 250.75 INVASION OF PRIVACY IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE FIRST DEGREE WHEN  HE
OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
PICTURE OF ANY MEMBER OF THE ARMED FORCES OR ORGANIZED  MILITIA  OF  NEW
YORK,  WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON,
OR IF THE NAME, PORTRAIT OR PICTURE IS OF A DECEASED MEMBER OF THE ARMED
FORCES OR ORGANIZED MILITIA OF NEW YORK, WITHOUT HAVING  FIRST  OBTAINED
PERMISSION OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL-
DREN, PARENTS, GRANDPARENTS AND SIBLINGS.
  INVASION OF PRIVACY IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  4.  Severability.  If any clause, sentence, paragraph, subdivision,
section or part of this article shall be adjudged by a court  of  compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, section or part of
this article directly involved in the controversy in which such judgment
shall have been rendered.
  S 5. This act shall take effect immediately.