senate Bill S1982B

Signed by Governor Amended

Relates to unlawful surveillance

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 20 / May / 2013
    • 1ST REPORT CAL.631
  • 21 / May / 2013
    • 2ND REPORT CAL.
  • 22 / May / 2013
    • ADVANCED TO THIRD READING
  • 23 / May / 2013
    • PASSED SENATE
  • 23 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 21 / Feb / 2014
    • AMEND AND RECOMMIT TO CODES
  • 21 / Feb / 2014
    • PRINT NUMBER 1982A
  • 13 / May / 2014
    • 1ST REPORT CAL.750
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • AMENDED (T) 1982B
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 1982C
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO CODES
  • 17 / Jun / 2014
    • SUBSTITUTED FOR A2053C
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.793
  • 17 / Jun / 2014
    • PASSED ASSEMBLY
  • 17 / Jun / 2014
    • RETURNED TO SENATE
  • 31 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2014
    • SIGNED CHAP.193

Summary

Relates to unlawful surveillance in the second degree and dissemination of an unlawful surveillance image in the first and second degrees.

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Bill Details

See Assembly Version of this Bill:
A2053B
Versions:
S1982
S1982A
S1982B
S1982C
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd ยงยง250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6746A, A10505A

Sponsor Memo

BILL NUMBER:S1982B

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance

PURPOSE: This bill attempts to close a loophole in the penal law to
ensure that people who have had their image broadcasted without their
consent will have a course of action under the law.

SUMMARY OF PROVISIONS:

Section 1. Amends section 250.45 of the penal law to provide that a
person can be charged with unlawful surveillance 'in the second degree
if an individual uses a device to view, broadcast or record a person
engaged in sexual conduct without their consent.

Section 2. Amends section 250.55 of the penal law to reflect the same
changes as made in section 1 of this bill.

Section 3. Amends section 250.60 law to reflect the same changes as
made in section 1 of this bill.

Section 4. Effective date.

JUSTIFICATION: Clarkstown police department found that there was a
loophole in the unlawful surveillance laws when a victim came to the
police because her image had been posted on the Internet without her
permission. The image showed the victim engaged in sexual contact with
another but without her sexual parts captured in the image. Even
though the image was broadcast without her consent the police could
not press charges because the victim's sexual or intimate parts were
not exposed in the picture and therefore did not fall under the
definition of the law.

Due to this unfortunate loophole in the law the police's hands were
tied. Working with the local District Attorney's office the language
of this bill was developed. This bill provides that a person could be
charged if they disseminate an image of an individual engaged in
sexual conduct regardless of whether their own sexual parts were
broadcast. This expansion of the law will ensure that police officers
will be able to bring charges in cases, such as the one that occurred
in Rockland County, where a person's privacy had been invaded and
their image broadcasted without their permission.

LEGISLATIVE HISTORY: 2013: S.1982 - passed Senate 2011-12: S.6746-A -
passed Senate

FISCAL IMPLICATIONS: None

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
________________________________________________________________________

                                 1982--B
    Cal. No. 750

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  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 committee -- reported favorably from said commit-
  tee, ordered to first and second report,  amended  on  second  report,
  ordered  to a third reading, and to be reprinted as amended, retaining
  its place in the order of third reading

AN ACT to amend the penal law, in relation to unlawful surveillance

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

  Section  1. Subdivision 4 of section 250.45 of the penal law, as added
by chapter 69 of the laws of 2003, is amended and a new subdivision 5 is
added to read as follows:
  4. Without the knowledge or consent of a  person,  he  or  she  inten-
tionally uses or installs, or permits the utilization or installation of
an  imaging  device  to surreptitiously view, broadcast or record, under
the clothing being worn by such person, the  sexual  or  other  intimate
parts of such person[.]; OR
  5.  FOR  HIS  OR  HER  OWN,  OR ANOTHER INDIVIDUAL'S AMUSEMENT, ENTER-
TAINMENT, PROFIT, SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE PURPOSE OF
DEGRADING OR ABUSING A PERSON, THE ACTOR INTENTIONALLY USES OR  INSTALLS
OR  PERMITS  THE  UTILIZATION  OR  INSTALLATION  OF AN IMAGING DEVICE TO
SURREPTITIOUSLY VIEW, BROADCAST, OR RECORD SUCH PERSON IN  AN  IDENTIFI-
ABLE MANNER:
  (A)  ENGAGING  IN  SEXUAL  CONTACT,  AS  DEFINED IN SUBDIVISION TEN OF
SECTION 130.00 OF THIS PART;
  (B) IN THE SAME IMAGE WITH THE SEXUAL OR INTIMATE PART  OF  ANY  OTHER
PERSON; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05070-05-4

S. 1982--B                          2

  (C)  AT A PLACE AND TIME WHEN SUCH PERSON HAS A REASONABLE EXPECTATION
OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
  S  2.  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 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 essential elements of the crime of unlawful
surveillance in the first or second degree, AS DEFINED, RESPECTIVELY, IN
SECTION 250.50 OR 250.45 OF  THIS  ARTICLE,  intentionally  disseminates
such image or images.
  Dissemination  of  an unlawful surveillance image in the second degree
is a class A misdemeanor.
  S 3. Subdivision 1 of section 250.60 of the penal law, as  amended  by
chapter 157 of the laws of 2003, is amended to read as follows:
  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, AS DEFINED, RESPECTIVELY, IN SECTION 250.50 OR 250.45 OF
THIS ARTICLE, sells or publishes such image or images; or
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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