senate Bill S743A

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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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:S743A

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 known obscene image to an
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.
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. 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:
2009-10: S.3418 Referred to Codes
2008: S.6912 Passed 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--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. YOUNG, DeFRANCISCO, O'MARA, RANZENHOFER, SALAND --
  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

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 THAT PERSON WHICH HE OR SHE KNOWS  IS  OBSCENE,
TO A COMPUTER NETWORK INTERNET WEBSITE. FOR THE PURPOSE OF THIS SECTION,
"OBSCENE"  SHALL  HAVE  THE SAME MEANING AS IT IS DEFINED IN SUBDIVISION
ONE OF SECTION 235.00 OF THIS PART.
  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.
                                                           LBD02697-02-1

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