S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
March 10, 2011
Introduced by Sens. SAVINO, ADAMS, CARLUCCI, ESPAILLAT, GOLDEN, JOHNSON,
KLEIN, LANZA, LARKIN, PERKINS, VALESKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on Codes
in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
AN ACT to amend the penal law, in relation to prohibiting the dissem-
ination of an image of a crime victim by public servants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Caroline's
S 2. The penal law is amended by adding a new section 250.70 to read
S 250.70 DISSEMINATION OF AN IMAGE OF A CRIME VICTIM.
1. A PERSON IS GUILTY OF DISSEMINATION OF AN IMAGE OF A CRIME VICTIM
WHERE (A) THE PERSON IS A PUBLIC SERVANT OR IS PERFORMING THE DUTIES OF
A PUBLIC SERVANT IN RESPONDING TO AN EMERGENCY CALL; (B) WHILE IN THE
COURSE OF HIS OR HER OFFICIAL DUTIES, RECORDS A STILL IMAGE OR MOTION
PICTURE OF A CRIME VICTIM; AND (C) BROADCASTS OR PUBLISHES SUCH IMAGES
OR MOTION PICTURES OUTSIDE OF THE COURSE OF CONDUCT OF THE PUBLIC SERV-
ANT'S OFFICIAL DUTIES.
2. FOR PURPOSES OF THIS SECTION:
(A) "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
THE INTENT THAT IT BE VIEWED BY A PERSON.
(B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER, MAIL, SEND,
FORWARD, TRANSFER OR TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3958--B 2
(C) "PUBLISH" MEANS TO (I) POST, PRESENT, DISPLAY, EXHIBIT, CIRCULATE,
ADVERTISE OR ALLOW ACCESS, ELECTRONICALLY OR OTHERWISE, SO AS TO MAKE AN
IMAGE OR IMAGES AVAILABLE TO THE PUBLIC; OR (II) DISSEMINATE WITH THE
INTENT THAT AN IMAGE OR IMAGES BE POSTED, PRESENTED, DISPLAYED, EXHIB-
ITED, CIRCULATED, ADVERTISED OR MADE ACCESSIBLE, ELECTRONICALLY OR
OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC.
DISSEMINATION OF AN IMAGE OF A CRIME VICTIM IS A CLASS A MISDEMEANOR.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.