senate Bill S743

Amended

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, dissemination of image to porn website without consent

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 19 / May / 2011
    • AMEND AND RECOMMIT TO CODES
  • 19 / May / 2011
    • PRINT NUMBER 743A
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1063
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 18 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1270
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO CODES

Summary

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, the dissemination of an image of a person to a computer network internet website that is obscene, without the consent or knowledge of the person in the image.

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Bill Details

Versions:
S743
S743A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง250.55, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S3418

Sponsor Memo

BILL NUMBER:S743

TITLE OF BILL:

An act
to amend the penal law, in relation to prohibiting the dissemination of
any image of a person to an obscene internet website, without such
person's knowledge or consent

PURPOSE:

Creates the crime of disseminating an image to a known obscene
internet site without consent.

SUMMARY OF PROVISIONS:

Section 250.55 of the Penal Law is amended to create the crime of
dissemination of an unlawful surveillance image without the consent
or knowledge of another person a computer network internet website
which is known to be obscene. The penalty for such crime will be a
class A misdemeanor.

Establishes an effective date on the first of November after enactment
into law.

JUSTIFICATION:

The technology of the internet has evolved rapidly and with this
technology has given rise to a new form of pedophile, one who has
discovered the ability to capitalize on technology for their perverse
motives. This bill provides protection from such predatory activities
which previously had not been determined to be illegal or criminal.

LEGISLATIVE HISTORY:

2009-2010: S.3418 Referred to Codes
2008: S.6912Passed Senate

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This Act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   743

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  RANZENHOFER, SALAND -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes

AN  ACT  to  amend the penal law, in relation to prohibiting the dissem-
  ination of any image of a person to an obscene internet website, with-
  out such person's knowledge or consent

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

  Section  1. Section 250.55 of the penal law, as added by chapter 69 of
the laws of 2003, is amended to read as follows:
S 250.55 Dissemination of an unlawful surveillance image in  the  second
           degree.
  A  person is guilty of dissemination of an unlawful surveillance image
in the second degree when [he]:
  1. HE or she, with knowledge of the unlawful conduct by which an image
or images of the sexual or other intimate parts  of  another  person  or
persons were obtained and such unlawful conduct would satisfy the essen-
tial  elements  of  the  crime  of unlawful surveillance in the first or
second degree, intentionally disseminates such image or images[.]; OR
  2. WITHOUT THE KNOWLEDGE OR CONSENT  OF  ANOTHER  PERSON,  HE  OR  SHE
DISSEMINATES  AN IMAGE OF SUCH OTHER PERSON TO A COMPUTER NETWORK INTER-
NET WEBSITE WHICH HE OR SHE KNOWS IS OBSCENE, AS DEFINED IN  SUBDIVISION
ONE OF SECTION 235.00 OF THIS CHAPTER.
  Dissemination  of  an unlawful surveillance image in the second degree
is a class A misdemeanor.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02697-01-1

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