S T A T E O F N E W Y O R K
Cal. No. 1154
2013-2014 Regular Sessions
I N S E N A T E
February 11, 2013
Introduced by Sens. SAVINO, GOLDEN -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the penal law, in relation to prohibiting the dissem-
ination of an image of a crime victim by public servants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Caroline's
S 2. The penal law is amended by adding a new section 250.70 to read
S 250.70 DISSEMINATION OF AN IMAGE OF A CRIME VICTIM.
1. A PERSON IS GUILTY OF DISSEMINATION OF AN IMAGE OF A CRIME VICTIM
WHERE (A) THE PERSON IS A PUBLIC SERVANT OR IS PERFORMING THE DUTIES OF
A PUBLIC SERVANT IN RESPONDING TO AN EMERGENCY CALL; (B) WHILE IN THE
COURSE OF HIS OR HER OFFICIAL DUTIES, RECORDS A STILL IMAGE OR MOTION
PICTURE OF A CRIME VICTIM; AND (C) INTENTIONALLY BROADCASTS OR PUBLISHES
SUCH IMAGES OR MOTION PICTURES OUTSIDE OF THE COURSE OF CONDUCT OF THE
PUBLIC SERVANT'S OFFICIAL DUTIES; EXCEPT, THAT NOTHING HEREIN SHALL BE
CONSTRUED TO IMPAIR OR DIMINISH THE RIGHT TO USE SUCH IMAGES OR MOTION
PICTURES FOR OFFICIAL TRAINING PURPOSES.
2. FOR PURPOSES OF THIS SECTION:
(A) "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
THE INTENT THAT IT BE VIEWED BY A PERSON.
(B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER, MAIL, SEND,
FORWARD, TRANSFER OR TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
(C) "PUBLISH" MEANS TO (I) POST, PRESENT, DISPLAY, EXHIBIT, CIRCULATE,
ADVERTISE OR ALLOW ACCESS, ELECTRONICALLY OR OTHERWISE, SO AS TO MAKE AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3677--A 2
IMAGE OR IMAGES AVAILABLE TO THE PUBLIC; OR (II) DISSEMINATE WITH THE
INTENT THAT AN IMAGE OR IMAGES BE POSTED, PRESENTED, DISPLAYED, EXHIB-
ITED, CIRCULATED, ADVERTISED OR MADE ACCESSIBLE, ELECTRONICALLY OR
OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC.
DISSEMINATION OF AN IMAGE OF A CRIME VICTIM IS A CLASS A MISDEMEANOR.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.