senate Bill S5946A

Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively

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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

  • 04 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 27 / Mar / 2014
    • AMEND AND RECOMMIT TO CODES
  • 27 / Mar / 2014
    • PRINT NUMBER 5946A
  • 29 / Apr / 2014
    • 1ST REPORT CAL.472
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CODES

Summary

Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively.

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Bill Details

See Assembly Version of this Bill:
A8204A
Versions:
S5946
S5946A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §250.40, add §§250.70 & 250.75, Pen L

Sponsor Memo

BILL NUMBER:S5946A

TITLE OF BILL: An act to amend the penal law, in relation to creating
the crimes of unlawful dissemination of an intimate image in the first
and second degrees

SUMMARY OF PROVISIONS:

Section 1 applies the existing definitions of "sexual or other
intimate parts" and "disseminate" to these two new crimes.

Section 2 creates the new crimes of Unlawful dissemination or an
intimate image in the second degree, a class A misdemeanor, committed
when one, with intent to harass, annoy or alarm, intentionally
disseminates an image of the sexual or other intimate parts of another
person without that person's explicit consent; and Unlawful
dissemination of an intimate image in the first degree, a class E
felony, committed when one commits the crime in the second degree and
has a previous conviction for the crime either in the first or second
degree.

Section 3 states nothing in this bill shall be construed to impose
liability on an interactive computer service for content provided by
another person.

Section 4 Effective date.

JUSTIFICATION:

For all the advantages that the Internet provides, it also assists
individuals in perpetrating harm upon others. Social media allows for
the widespread dissemination of information and images, and websites
devoted to providing people with a means to perpetrate revenge upon
former spouses, girlfriends or boyfriends have been created.

New York law protects one from such conduct if they are unaware that
such images are being taken. Unfortunately, one may provide an
intimate image to another in the context of a relationship with the
expectation that such will be a private sharing. When the relationship
ends, the spurned partner has a means to humiliate the other by
sharing those intimate images with millions of strangers as well as
with the person's family, neighbors, friends, employer and co-workers.

This bill would protect everyone's intimate images from further
dissemination without his or her explicit consent for dissemination,
if such dissemination was done with the intent to harass, annoy or
alarm the subject of the image. It provides this protection regardless
of who photographed the image and prevents this new form of
cyber-bullying.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

One hundred and eightieth day after it becomes law.

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

                                 5946--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 4, 2013
                               ___________

Introduced  by  Sens.  BOYLE, GRISANTI, KENNEDY, MAZIARZ, ROBACH -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Rules -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the penal law, in relation to creating the crimes of
  unlawful dissemination of an intimate image in the  first  and  second
  degrees

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

  Section 1. The section heading and the opening  paragraph  of  section
250.40 of the penal law, as added by chapter 69 of the laws of 2003, are
amended to read as follows:
  Unlawful surveillance AND DISSEMINATION; definitions.
  The  following  definitions  shall  apply  to sections 250.45, 250.50,
250.55 [and], 250.60, 250.70 AND 250.75 of this article:
  S 2. The penal law is amended by adding two new  sections  250.70  and
250.75 to read as follows:
S  250.70  UNLAWFUL  DISSEMINATION  OF  AN  INTIMATE IMAGE IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF AN INTIMATE  IMAGE  IN
THE  SECOND  DEGREE  WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER
PERSON, HE OR SHE INTENTIONALLY DISSEMINATES AN IMAGE OR IMAGES  OF  THE
SEXUAL  OR  OTHER  INTIMATE  PARTS  OF  ANOTHER  PERSON WITHOUT EXPLICIT
CONSENT OF SUCH PERSON TO DISSEMINATE SUCH IMAGE.
  UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE SECOND DEGREE IS  A
CLASS A MISDEMEANOR.
S  250.75  UNLAWFUL  DISSEMINATION  OF  AN  INTIMATE  IMAGE IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF AN INTIMATE  IMAGE  IN
THE  FIRST  DEGREE  WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL DISSEM-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11896-04-4

S. 5946--A                          2

INATION OF AN INTIMATE IMAGE IN THE SECOND  DEGREE  AND  HAS  PREVIOUSLY
BEEN CONVICTED WITHIN THE PAST TEN YEARS OF UNLAWFUL DISSEMINATION OF AN
INTIMATE IMAGE IN THE FIRST OR SECOND DEGREE.
  UNLAWFUL  DISSEMINATION  OF AN INTIMATE IMAGE IN THE FIRST DEGREE IS A
CLASS E FELONY.
  S 3. Nothing in this act shall be construed to impose liability on  an
interactive computer service for content provided by another person. The
term  "interactive  computer  service"  means  any  information service,
system, or access software provider that provides  or  enables  computer
access  by multiple users to a computer server, including specifically a
service or system that provides access to the Internet and such  systems
operated or services offered by libraries or educational institutions.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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