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

                                  1203

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI,  GUNTHER,  CUSICK, HOOPER, GALEF,
  CASTRO, GABRYSZAK, LENTOL, ORTIZ, RAIA -- Multi-Sponsored by -- M.  of
  A.  BROOK-KRASNY,  CAMARA,  CROUCH,  DUPREY,  GIGLIO,  GLICK, HEASTIE,
  JAFFEE, MAGEE, MARKEY, PERRY,  ROBINSON,  RUSSELL,  SCHIMEL,  SWEENEY,
  TITONE, WEISENBERG -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  executive law and the penal law, in relation to
  educating children on the electronic sending and  posting  of  certain
  images

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

  Section 1. Subdivision 16 of section 501  of  the  executive  law,  as
renumbered by chapter 170 of the laws of 1994, is renumbered subdivision
17 and a new subdivision 16 is added to read as follows:
  16.  TO  ESTABLISH  AN  EDUCATIONAL OUTREACH PROGRAM FOR TEXT MESSAGE,
EMAIL AND INTERNET POSTING AWARENESS BY PROVIDING FOR AN ONGOING  PUBLIC
INFORMATION  AND EDUCATIONAL CAMPAIGN ABOUT THE HARM THAT MAY ARISE FROM
ADOLESCENTS SENDING, RECEIVING OR POSTING ON THE INTERNET MESSAGES  THAT
MAY  INCLUDE,  BUT  ARE  NOT  LIMITED TO, PROVOCATIVE OR NUDE IMAGES AND
PHOTOGRAPHS OF THEMSELVES.
  (A) SUCH PROGRAM SHALL BE DESIGNED TO PROMOTE (I) INCREASED  AWARENESS
OF THE POTENTIAL LONG-TERM HARM TO PRIVACY INTERESTS ASSOCIATED WITH THE
SENDING,  RECEIVING  OR POSTING OF SUCH IMAGES AND PHOTOGRAPHS; AND (II)
COORDINATION OF PUBLIC AND PRIVATE EFFORTS, INCLUDING BUT NOT LIMITED TO
EFFORTS OF EDUCATORS,  COMMUNITY  ORGANIZATIONS  AND  OTHER  GROUPS,  TO
PROVIDE  EDUCATIONAL  OUTREACH PROGRAMS TO ADOLESCENTS AND THEIR PARENTS
AND CAREGIVERS, EMPHASIZING SUCH POTENTIAL LONG-TERM HARM.
  (B) THE FOLLOWING STRATEGIES, AMONG OTHERS, MAY  BE  USED  TO  PROMOTE
AWARENESS OF THE POTENTIAL LONG-TERM HARM TO ADOLESCENTS' PRIVACY INTER-
ESTS  BY  THE  SENDING,  RECEIVING  OR POSTING OF SUCH IMAGES AND PHOTO-
GRAPHS: (I) OUTREACH CAMPAIGNS BY MEANS OF PRINT, RADIO  AND  TELEVISION

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

                                                           LBD00423-01-3

A. 1203                             2

PUBLIC SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS, INTERNET POSTINGS
AND  OTHER  MATERIALS;  (II)  COMMUNITY  INFORMATIONAL FORUMS; AND (III)
DISTRIBUTION OF INFORMATION THROUGH EDUCATORS,  MENTORS,  AND  COMMUNITY
MEMBERS.
  S 2. The penal law is amended by adding a new section 40.20 to read as
follows:
S 40.20 CERTAIN ACTS BY A YOUNG PERSON.
  IN  ANY  PROSECUTION  PURSUANT  TO SECTION 235.21 OR 235.22 OR SECTION
263.10, 263.11, 263.15 OR 263.16 OF THIS CHAPTER, IT IS  AN  AFFIRMATIVE
DEFENSE  THAT  THE  DEFENDANT WAS LESS THAN EIGHTEEN YEARS OLD, AND THAT
THERE IS A LESS THAN FOUR YEARS AGE DIFFERENCE BETWEEN THE DEFENDANT AND
THE RECIPIENT AT THE TIME OF THE ACT, AND THE DEPICTION  OR  DESCRIPTION
WAS  NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS CHAP-
TER, AND BOTH THE DEFENDANT AND THE  RECIPIENT  EXPRESSLY  OR  IMPLIEDLY
ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT
FROM SUCH CONDUCT.
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the ninetieth day after  it
shall have become a law.