Assembly Bill A8214A

2013-2014 Legislative Session

Establishes the crime of non-consensual disclosure of sexually explicit images

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A8214 - Details

See Senate Version of this Bill:
S5949
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A571, S4450
2017-2018: A1641, S2725
2019-2020: A326

2013-A8214 - Summary

Establishes the crime of non-consensual disclosure of sexually explicit images as a class A misdemeanor.

2013-A8214 - Bill Text download pdf

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

                                  8214

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 24, 2013
                               ___________

Introduced by M. of A. BRAUNSTEIN, BRINDISI, PAULIN, SCHIMEL, McDONOUGH,
  DUPREY, MONTESANO -- Multi-Sponsored by -- M. of A. CROUCH, SKARTADOS,
  WEISENBERG -- read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to establishing the crime of
  non-consensual disclosure of sexually explicit images

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

  Section  1. The penal law is amended by adding a new section 250.70 to
read as follows:
S 250.70 NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
  A PERSON IS GUILTY OF NON-CONSENSUAL DISCLOSURE OF  SEXUALLY  EXPLICIT
IMAGES  WHEN  HE OR SHE  INTENTIONALLY  AND KNOWINGLY DISCLOSES A PHOTO-
GRAPH, FILM, VIDEOTAPE, RECORDING, OR  ANY  OTHER  REPRODUCTION  OF  THE
IMAGE  OF  ANOTHER  PERSON  WHOSE  INTIMATE  PARTS ARE EXPOSED OR WHO IS
ENGAGED IN AN ACT OF SEXUAL CONTACT WITHOUT SUCH PERSON'S  CONSENT,  AND
UNDER  CIRCUMSTANCES IN WHICH THE PERSON HAS A REASONABLE EXPECTATION OF
PRIVACY. A PERSON WHO HAS CONSENTED TO THE CAPTURE OR POSSESSION  OF  AN
IMAGE  WITHIN  THE  CONTEXT  OF  A  PRIVATE OR CONFIDENTIAL RELATIONSHIP
RETAINS A REASONABLE EXPECTATION OF PRIVACY WITH  REGARD  TO  DISCLOSURE
BEYOND THAT RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "DISCLOSE" MEANS TO SELL, MANUFACTURE, GIVE, PROVIDE, LEND, TRADE,
MAIL, DELIVER, TRANSFER, PUBLISH, DISTRIBUTE, CIRCULATE, DISCLOSE, PRES-
ENT, EXHIBIT, ADVERTISE OR OFFER.
  (B)  "INTIMATE  PARTS" MEANS THE NAKED GENITALS, PUBIC AREA, BUTTOCKS,
OR FEMALE ADULT NIPPLE OF THE PERSON.
  (C) "SEXUAL CONTACT" MEANS SEXUAL INTERCOURSE, INCLUDING GENITAL-GENI-
TAL, ORAL-GENITAL, ANAL-GENITAL, OR ORAL-ANAL, WHETHER  BETWEEN  PERSONS
OF THE SAME OR OPPOSITE SEX.
  2. THIS SECTION SHALL NOT APPLY TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-06-3

              

co-Sponsors

multi-Sponsors

2013-A8214A (ACTIVE) - Details

See Senate Version of this Bill:
S5949
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A571, S4450
2017-2018: A1641, S2725
2019-2020: A326

2013-A8214A (ACTIVE) - Summary

Establishes the crime of non-consensual disclosure of sexually explicit images as a class A misdemeanor.

2013-A8214A (ACTIVE) - Bill Text download pdf

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

                                 8214--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 24, 2013
                               ___________

Introduced by M. of A. BRAUNSTEIN, BRINDISI, PAULIN, SCHIMEL, McDONOUGH,
  DUPREY,  MONTESANO,  SIMOTAS,  MORELLE,  BARRETT,  BENEDETTO, BORELLI,
  BLANKENBUSH, TENNEY, RAIA -- Multi-Sponsored by -- M.  of  A.  CROUCH,
  GALEF, MARKEY, McKEVITT, RODRIGUEZ, SKARTADOS, WEISENBERG -- read once
  and referred to the Committee on Codes -- recommitted to the Committee
  on  Codes  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to establishing the crime  of
  non-consensual disclosure of sexually explicit images

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

  Section 1. The penal law is amended by adding a new section 250.70  to
read as follows:
S 250.70 NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
  A  PERSON  IS GUILTY OF NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT
IMAGES WHEN HE OR SHE  INTENTIONALLY  AND KNOWINGLY DISCLOSES  A  PHOTO-
GRAPH,  FILM,  VIDEOTAPE,  RECORDING,  OR  ANY OTHER REPRODUCTION OF THE
IMAGE OF ANOTHER PERSON WHOSE INTIMATE  PARTS  ARE  EXPOSED  OR  WHO  IS
ENGAGED  IN AN ACT OF SEXUAL CONTACT WITHOUT SUCH PERSON'S CONSENT, WHEN
A REASONABLE PERSON WOULD HAVE KNOWN THAT THE PERSON DEPICTED WOULD  NOT
HAVE  CONSENTED TO SUCH DISCLOSURE, AND UNDER CIRCUMSTANCES IN WHICH THE
PERSON HAS A REASONABLE EXPECTATION  OF  PRIVACY.    A  PERSON  WHO  HAS
CONSENTED TO THE CAPTURE OR POSSESSION OF AN IMAGE WITHIN THE CONTEXT OF
A  PRIVATE OR CONFIDENTIAL RELATIONSHIP RETAINS A REASONABLE EXPECTATION
OF PRIVACY WITH REGARD TO DISCLOSURE BEYOND THAT RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "DISCLOSE" MEANS TO SELL, MANUFACTURE, GIVE, PROVIDE, LEND, TRADE,
MAIL, DELIVER, TRANSFER, PUBLISH, DISTRIBUTE, CIRCULATE, DISCLOSE, PRES-
ENT, EXHIBIT, ADVERTISE OR OFFER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-09-4

              

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