senate Bill S5946A
(R) 4th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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.
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
Section 3 states nothing in this bill shall be construed to impose
liability on an interactive computer service for content provided by
Section 4 Effective date.
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
One hundred and eightieth day after it becomes law.
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