Assembly Bill A8622

2009-2010 Legislative Session

Relates to educating children on the harms of electronically sending and posting certain images of themselves

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 28, 2010	amend by restoring to original print 8622
Jun 16, 2010	amend and recommit to ways and means
Mar 09, 2010	reported referred to ways and means
Jan 06, 2010	referred to codes
Jun 10, 2009	reported referred to ways and means
May 29, 2009	referred to codes
Jun 16, 2010	print number 8622a

Bill Amendments

Original

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2009-A8622 (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Executive Law
Laws Affected:: Amd §501, Exec L; add §40.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2205
2013-2014: A1203
2015-2016: A1716

2009-A8622 (ACTIVE) - Summary

Relates to educating children on the harms of electronically sending and posting certain images of themselves.

2009-A8622 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8622

TITLE OF BILL:  An act to amend the executive law and the penal law,
in relation to educating children on the electronic sending and
posting of certain images

PURPOSE OR GENERAL IDEA OF BILL:
This bill would require the office of children and family services to
establish an educational outreach program to promote the awareness of
the potential long-term harm to adolescents' privacy that may arise
from text messaging, emailing or posting on the internet images and
photographs of themselves that are provocative in nature. Also, to
provide an affirmative defense to young persons for certain acts with
regard to the possessions and dissemination of such images and
photographs of themselves.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the executive law, which directs the office of
children and family services to establish an educational outreach
program to promote the awareness of text messaging, emailing and
internet posting among adolescents, and create a campaign to address
the potential long-term harm that may arise as a result of adolescents
sending, receiving or posting on the internet images and photographs
of themselves that include, but are not limited to, provocative or
nude images. This outreach campaign may be accomplished through radio,
print, television public service announcements, advertisements,

posters, internet postings, and other channels, and carried out in
conjunction with community organizations, educators, and other public
and private efforts.

Section 2 amends the penal law by adding a new section 40.20 to
provide an affirmative defense to certain acts by young persons where
the defendant is less than four years older than the individual who
received, sent or posted an image or photograph at issue in a criminal
charge and where that individual expressly or implicitly acquiesced in
the defendant's conduct.

JUSTIFICATION:
The prevalence of text messaging, emailing and internet usage has led
to unanticipated forms of communication, particularly among
adolescents.  Many adolescents are engaging in the sending, receiving
and posting of images or photographs which are provocative in nature.
This activity has the potential to impact teens' privacy interests and
may even lead to criminal charges.

One national study found that as many as 20 percent of teens have sent
or posted nude or seminude photos of themselves. In general,
adolescents and their parents and caregivers, are unaware of the
potential harm.  This legislation would promote awareness of text
messaging, emailing and posting of provocative images by adolescents
and encourage adolescents to consider the harm related to such
conduct. Further, this bill addresses the issue of criminal
prosecution of adolescent conduct that was not intended under certain
criminal acts by creating an affirmative defense.

PRIOR LEGISLATIVE HISTORY:
New legislation.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
section on the educational outreach program shall take effect ninety
days after it shall have become law.

2009-A8622 (ACTIVE) - Bill Text download pdf

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

                                  8622

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced by M. of A. ZEBROWSKI, KOON, BURLING, FIELDS, RAIA, CHRISTEN-
  SEN,  GABRYSZAK, STIRPE, DelMONTE, GUNTHER -- Multi-Sponsored by -- M.
  of A. CAMARA, CROUCH, DUPREY, GIGLIO, HEASTIE, McENENY, MENG, RUSSELL,
  WALKER, WEISENBERG -- read once and referred to the Committee on Codes

AN ACT to amend the executive law and the  penal  law,  in  relation  to
  educating  children  on  the electronic sending and posting of certain
  images

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

  Section  1.  Subdivision  16  of  section 501 of the executive law, as
renumbered by chapter 170 of the laws of 1994, is renumbered subdivision
17 and a new subdivision 16 is added to read as follows:
  16. TO ESTABLISH AN EDUCATIONAL OUTREACH  PROGRAM  FOR  TEXT  MESSAGE,
EMAIL  AND INTERNET POSTING AWARENESS BY PROVIDING FOR AN ONGOING PUBLIC
INFORMATION AND EDUCATIONAL CAMPAIGN ABOUT THE HARM THAT MAY ARISE  FROM
ADOLESCENTS  SENDING, RECEIVING OR POSTING ON THE INTERNET MESSAGES THAT
MAY INCLUDE, BUT ARE NOT LIMITED TO,  PROVOCATIVE  OR  NUDE  IMAGES  AND
PHOTOGRAPHS OF THEMSELVES.
  (A)  SUCH PROGRAM SHALL BE DESIGNED TO PROMOTE (I) INCREASED AWARENESS
OF THE POTENTIAL LONG-TERM HARM TO PRIVACY INTERESTS ASSOCIATED WITH THE
SENDING, RECEIVING OR POSTING OF SUCH IMAGES AND PHOTOGRAPHS;  AND  (II)
COORDINATION OF PUBLIC AND PRIVATE EFFORTS, INCLUDING BUT NOT LIMITED TO
EFFORTS  OF  EDUCATORS,  COMMUNITY  ORGANIZATIONS  AND  OTHER GROUPS, TO
PROVIDE EDUCATIONAL OUTREACH PROGRAMS TO ADOLESCENTS AND  THEIR  PARENTS
AND CAREGIVERS, EMPHASIZING SUCH POTENTIAL LONG-TERM HARM.
  (B)  THE  FOLLOWING  STRATEGIES,  AMONG OTHERS, MAY BE USED TO PROMOTE
AWARENESS OF THE POTENTIAL LONG-TERM HARM TO ADOLESCENTS' PRIVACY INTER-
ESTS BY THE SENDING, RECEIVING OR POSTING  OF  SUCH  IMAGES  AND  PHOTO-
GRAPHS:  (I)  OUTREACH CAMPAIGNS BY MEANS OF PRINT, RADIO AND TELEVISION
PUBLIC SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS, INTERNET POSTINGS
AND OTHER MATERIALS; (II)  COMMUNITY  INFORMATIONAL  FORUMS;  AND  (III)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11877-02-9

A. 8622                             2

DISTRIBUTION  OF  INFORMATION  THROUGH EDUCATORS, MENTORS, AND COMMUNITY
MEMBERS.
  S 2. The penal law is amended by adding a new section 40.20 to read as
follows:
S 40.20 CERTAIN ACTS BY A YOUNG PERSON.
  IN  ANY  PROSECUTION  PURSUANT  TO SECTION 235.21 OR 235.22 OR SECTION
263.10, 263.11, 263.15 OR 263.16 OF THIS CHAPTER, IT IS  AN  AFFIRMATIVE
DEFENSE THAT THE DEFENDANT WAS LESS THAN FOUR YEARS OLDER THAN THE OTHER
PERSON  AT  THE  TIME  OF  THE ACT, THE DEPICTION OR DESCRIPTION WAS NOT
OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS CHAPTER,  SUCH
OTHER  PERSON  EXPRESSLY  OR  IMPLIEDLY  ACQUIESCED  IN  THE DEFENDANT'S
CONDUCT, AND THE DEFENDANT  DID  NOT  INTEND  TO  OR  PROFIT  FROM  SUCH
CONDUCT.
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the ninetieth day after  it
shall have become a law.

co-Sponsors

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multi-Sponsors

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2009-A8622A - Details

Current Committee:: Assembly Ways And Means
Law Section:: Executive Law
Laws Affected:: Amd §501, Exec L; add §40.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2205
2013-2014: A1203
2015-2016: A1716

2009-A8622A - Summary

Relates to educating children on the harms of electronically sending and posting certain images of themselves.

2009-A8622A - Bill Text download pdf

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

                                 8622--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced by M. of A. ZEBROWSKI, KOON, BURLING, FIELDS, RAIA, CHRISTEN-
  SEN,  GABRYSZAK,  STIRPE,  DelMONTE,  GUNTHER,  HOOPER,  GALEF, ORTIZ,
  POWELL, MAISEL, LENTOL, CUSICK, CASTRO -- Multi-Sponsored by -- M.  of
  A.  CAMARA,  CROUCH,  DESTITO, DUPREY, GIGLIO, GLICK, GORDON, HEASTIE,
  HYER-SPENCER, JAFFEE,  JOHN,  MAGEE,  MARKEY,  McENENY,  MENG,  PERRY,
  ROBINSON,  RUSSELL,  SCHIMEL, SWEENEY, TITONE, WEISENBERG -- read once
  and referred to the Committee on Codes -- recommitted to the Committee
  on Codes in accordance with Assembly Rule 3, sec. 2  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  executive law and the penal law, in relation to
  educating children on the electronic sending and  posting  of  certain
  images

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

  Section 1. Subdivision 16 of section 501  of  the  executive  law,  as
renumbered by chapter 170 of the laws of 1994, is renumbered subdivision
17 and a new subdivision 16 is added to read as follows:
  16.  TO  ESTABLISH  AN  EDUCATIONAL OUTREACH PROGRAM FOR TEXT MESSAGE,
EMAIL AND INTERNET POSTING AWARENESS BY PROVIDING FOR AN ONGOING  PUBLIC
INFORMATION  AND EDUCATIONAL CAMPAIGN ABOUT THE HARM THAT MAY ARISE FROM
ADOLESCENTS SENDING, RECEIVING OR POSTING ON THE INTERNET MESSAGES  THAT
MAY  INCLUDE,  BUT  ARE  NOT  LIMITED TO, PROVOCATIVE OR NUDE IMAGES AND
PHOTOGRAPHS OF THEMSELVES.
  (A) SUCH PROGRAM SHALL BE DESIGNED TO PROMOTE (I) INCREASED  AWARENESS
OF THE POTENTIAL LONG-TERM HARM TO PRIVACY INTERESTS ASSOCIATED WITH THE
SENDING,  RECEIVING  OR POSTING OF SUCH IMAGES AND PHOTOGRAPHS; AND (II)
COORDINATION OF PUBLIC AND PRIVATE EFFORTS, INCLUDING BUT NOT LIMITED TO
EFFORTS OF EDUCATORS,  COMMUNITY  ORGANIZATIONS  AND  OTHER  GROUPS,  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11877-04-0

A. 8622--A                          2

PROVIDE  EDUCATIONAL  OUTREACH PROGRAMS TO ADOLESCENTS AND THEIR PARENTS
AND CAREGIVERS, EMPHASIZING SUCH POTENTIAL LONG-TERM HARM.
  (B)  THE  FOLLOWING  STRATEGIES,  AMONG OTHERS, MAY BE USED TO PROMOTE
AWARENESS OF THE POTENTIAL LONG-TERM HARM TO ADOLESCENTS' PRIVACY INTER-
ESTS BY THE SENDING, RECEIVING OR POSTING  OF  SUCH  IMAGES  AND  PHOTO-
GRAPHS:  (I)  OUTREACH CAMPAIGNS BY MEANS OF PRINT, RADIO AND TELEVISION
PUBLIC SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS, INTERNET POSTINGS
AND OTHER MATERIALS; (II)  COMMUNITY  INFORMATIONAL  FORUMS;  AND  (III)
DISTRIBUTION  OF  INFORMATION  THROUGH EDUCATORS, MENTORS, AND COMMUNITY
MEMBERS.
  S 2. The penal law is amended by adding a new section 40.20 to read as
follows:
S 40.20 CERTAIN ACTS BY A YOUNG PERSON.
  IN ANY PROSECUTION PURSUANT TO SECTION 235.21  OR  235.22  OR  SECTION
263.10,  263.11,  263.15 OR 263.16 OF THIS CHAPTER, IT IS AN AFFIRMATIVE
DEFENSE THAT THE DEFENDANT WAS LESS THAN EIGHTEEN YEARS  OLD,  AND  THAT
THERE IS A LESS THAN FOUR YEARS AGE DIFFERENCE BETWEEN THE DEFENDANT AND
THE  RECIPIENT  AT THE TIME OF THE ACT, AND THE DEPICTION OR DESCRIPTION
WAS NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS  CHAP-
TER,  AND  BOTH  THE  DEFENDANT AND THE RECIPIENT EXPRESSLY OR IMPLIEDLY
ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT
FROM SUCH CONDUCT.  THE AFFIRMATIVE DEFENSE SHALL NOT BE  AVAILABLE  FOR
ANY  SUBSEQUENT TRANSFER OF THE DEPICTION OR DESCRIPTION, AND SHALL ONLY
APPLY TO THE ORIGINAL SINGLE TRANSFER TO A SINGLE RECIPIENT.
  S 3. This act shall take effect immediately; provided,  however,  that
section  one of this act shall take effect on the ninetieth day after it
shall have become a law.

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Assembly Bill A8622

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A8622 (ACTIVE) - Details

2009-A8622 (ACTIVE) - Summary

2009-A8622 (ACTIVE) - Sponsor Memo

2009-A8622 (ACTIVE) - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A8622A - Details

2009-A8622A - Summary

2009-A8622A - Bill Text download pdf

Comments

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Sponsored By

ZEBROWSKI

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

David Koon

Daniel Burling

Ginny Fields

Andrew Raia

multi-Sponsors

Karim Camara

Clifford Crouch

RoAnn Destito

Janet Duprey

2009-A8622 (ACTIVE) - Details

2009-A8622 (ACTIVE) - Summary

2009-A8622 (ACTIVE) - Sponsor Memo

2009-A8622 (ACTIVE) - Bill Text download pdf

co-Sponsors

David Koon

Daniel Burling

Ginny Fields

Andrew Raia

multi-Sponsors

Karim Camara

Clifford Crouch

RoAnn Destito

Janet Duprey

2009-A8622A - Details

2009-A8622A - Summary

2009-A8622A - Bill Text download pdf

Comments