senate Bill S3378

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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Bill Status


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

  • 01 / Feb / 2013
    • REFERRED TO CODES
  • 20 / May / 2013
    • 1ST REPORT CAL.635
  • 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
  • 27 / Feb / 2014
    • 1ST REPORT CAL.215
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 05 / May / 2014
    • AMENDED ON THIRD READING 3378A
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • 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

See Assembly Version of this Bill:
A9128
Versions:
S3378
S3378A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง250.55, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S743A, S743A
2009-2010: S3418, S3418

Sponsor Memo

BILL NUMBER:S3378

TITLE OF BILL: An act to amend the penal law, in relation to prohibit-
ing 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 a 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 to 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: 2011,2012: S.743A Passed Senate 2009,2010: S.3418
Referred to Codes 2008: S.8912 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
________________________________________________________________________

                                  3378

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  O'MARA, RANZENHOFER -- 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 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.
                                                           LBD06429-01-3

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