senate Bill S5949

Amended

Establishes the crime of non-consensual disclosure of sexually explicit images

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Bill Status


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

actions

  • 09 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 07 / Apr / 2014
    • AMEND AND RECOMMIT TO CODES
  • 07 / Apr / 2014
    • PRINT NUMBER 5949A
  • 06 / May / 2014
    • 1ST REPORT CAL.585
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Establishes the crime of non-consensual disclosure of sexually explicit images as a class A misdemeanor.

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Bill Details

Versions:
S5949
S5949A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add ยง250.70, Pen L

Sponsor Memo

BILL NUMBER:S5949

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the crime of non-consensual disclosure of sexually
explicit images

PURPOSE OR GENERAL IDEA OF BILL:

Relates to establishing the crime of non-consensual disclosure of
sexually explicit images.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section, 250.70 to the New York Penal Law, which
provides that a person is guilty of non-consensual disclosure of
sexually explicit images when he or she intentionally or knowingly
discloses a photo, film, or videotape of another person whose intimate
parts are exposed or who is engaged in an act of sexual contact
without such person's consent.

Additionally, the disclosure must be without such person's consent and
under circumstances in which the person has a reasonable expectation
of privacy, meaning that the person has consented to the capture or
possession of an image within the context of a private or confidential
relationship.

250.70.1 provides definitions of "disclose", "intimate parts" and
"sexual contact."

250.70.2 provides exceptions for lawful and common practices of law
enforcement, and situations involving voluntary exposure in public or
commercial settings.

250.70.3 Non-consensual disclosure of sexually explicit images is a
class A misdemeanor and the person who discloses the photograph is
also subject to a fine not to exceed $30,000 notwithstanding the
provisions of subdivision one of section 80.05 of this chapter.

JUSTIFICATION:

In an era of increased text messaging, social networking, and
emailing, people in intimate relationships sometimes share pictures
with each other, some of which may be sexually explicit in nature.
However, recipients of these images do not always keep the images
within the confines of an intimate relationship, and have the ability
to widely disseminate the photos on the Internet.

The non-consensual disclosure of such sexually explicit images, also
known as "revenge porn" is often provided to Internet websites, and
features photos sometimes accompanied by disparaging descriptions and
identifying details, such as where the victims live and work, as well
as links to their social network pages.

Posting these photographs online is damaging to the reputations of the
victims. These photographs have extensive negative effects, including
destroying future intimate relationships and educational and


employment opportunities. Victims are routinely threatened with sexual
assault, stalked, harassed, or fired from jobs.

New York's current distribution of unlawful surveillance law only
governs photographs taken without the subject's consent. This bill
would govern photographs that are captured consensually, as part of an
intimate, private relationship, which are later disclosed by an
individual to the public without the consent of the individual
photographed.

Criminalization is preferable to civil suits by victims because civil
suits do not deter those who upload or disclose new images after a
civil suit has ended. Furthermore, a lengthy trial is emotionally
exhausting and prohibitively expensive. Moreover, the websites that
distribute non-consensual pornography are given broad immunity for
civil liability under federal law through the Communications Decency
Act. Therefore, criminalizing disclosure of these photos may prevent
websites from benefiting from the harmful images.

This bill is also narrowly drawn so as not to infringe on First
Amendment rights, as there is no constitutional protection afforded to
individuals who consume or distribute sexually explicit images of
individuals without their consent. The bill also creates exceptions
for lawful activity.

PRIOR LEGISLATIVE HISTORY:

None.

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
________________________________________________________________________

                                  5949

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 9, 2013
                               ___________

Introduced  by  Sens. GRIFFO, LAVALLE, MAZIARZ -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to establishing the crime  of
  non-consensual disclosure of sexually explicit images

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

  Section 1. The penal law is amended by adding a new section 250.70  to
read as follows:
S 250.70 NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
  A  PERSON  IS GUILTY OF NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT
IMAGES WHEN HE OR SHE  INTENTIONALLY  AND KNOWINGLY DISCLOSES  A  PHOTO-
GRAPH,  FILM,  VIDEOTAPE,  RECORDING,  OR  ANY OTHER REPRODUCTION OF THE
IMAGE OF ANOTHER PERSON WHOSE INTIMATE  PARTS  ARE  EXPOSED  OR  WHO  IS
ENGAGED  IN  AN ACT OF SEXUAL CONTACT WITHOUT SUCH PERSON'S CONSENT, AND
UNDER CIRCUMSTANCES IN WHICH THE PERSON HAS A REASONABLE EXPECTATION  OF
PRIVACY.  A  PERSON WHO HAS CONSENTED TO THE CAPTURE OR POSSESSION OF AN
IMAGE WITHIN THE CONTEXT  OF  A  PRIVATE  OR  CONFIDENTIAL  RELATIONSHIP
RETAINS  A  REASONABLE  EXPECTATION OF PRIVACY WITH REGARD TO DISCLOSURE
BEYOND THAT RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "DISCLOSE" MEANS TO SELL, MANUFACTURE, GIVE, PROVIDE, LEND, TRADE,
MAIL, DELIVER, TRANSFER, PUBLISH, DISTRIBUTE, CIRCULATE, DISCLOSE, PRES-
ENT, EXHIBIT, ADVERTISE OR OFFER.
  (B) "INTIMATE PARTS" MEANS THE NAKED GENITALS, PUBIC  AREA,  BUTTOCKS,
OR FEMALE ADULT NIPPLE OF THE PERSON.
  (C) "SEXUAL CONTACT" MEANS SEXUAL INTERCOURSE, INCLUDING GENITAL-GENI-
TAL,  ORAL-GENITAL,  ANAL-GENITAL, OR ORAL-ANAL, WHETHER BETWEEN PERSONS
OF THE SAME OR OPPOSITE SEX.
  2. THIS SECTION SHALL NOT APPLY TO:
  (A) LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT,  CRIMINAL  REPORT-
ING, OR LEGAL PROCEEDINGS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-06-3

S. 5949                             2

  (B)  SITUATIONS  INVOLVING  VOLUNTARY EXPOSURE IN PUBLIC OR COMMERCIAL
SETTINGS.
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION 80.05
OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE NOT TO EXCEED THIRTY  THOU-
SAND DOLLARS.
  NON-CONSENSUAL  DISCLOSURE  OF  SEXUALLY  EXPLICIT IMAGES 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.

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