Assembly Bill A3057

2009-2010 Legislative Session

Creates the crime of criminal use of a mobile camera telephone, an E felony offense

download bill text pdf

Sponsored By

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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2009-A3057 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Art 243 ยงยง243.00 - 243.20, Pen L

2009-A3057 (ACTIVE) - Summary

Creates the crime of criminal use of a mobile camera telephone, an E felony offense; protects people from violation of their privacy.

2009-A3057 (ACTIVE) - Bill Text download pdf 

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

                                  3057

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of A. BENJAMIN, WALKER, ALFANO, BARRA -- Multi-Spon-
  sored by -- M. of A.  HOOPER, MILLER -- read once and referred to  the
  Committee on Codes

AN  ACT  to amend the penal law, in relation to criminal use of a mobile
  camera telephone

  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 article 243 to
read as follows:
                                ARTICLE 243
               OFFENSES INVOLVING MOBILE CAMERA TELEPHONES
SECTION 243.00 OFFENSES INVOLVING MOBILE CAMERA  TELEPHONES;  DEFINITION
                 OF TERMS.
        243.10 CRIMINAL USE OF A MOBILE CAMERA TELEPHONE.
        243.20 OFFENSES INVOLVING MOBILE CAMERA TELEPHONES; DEFENSES.
S 243.00 OFFENSES  INVOLVING  MOBILE  CAMERA  TELEPHONES;  DEFINITION OF
           TERMS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS CHAPTER EXCEPT  WHERE
DIFFERENT MEANINGS ARE EXPRESSLY SPECIFIED:
  1. "MOBILE CAMERA TELEPHONE" MEANS A SINGLE UNIT OR ANY COMBINATION OF
ELECTRONIC  EQUIPMENT  WITH IMMEDIATE PHOTOGRAPH TAKING AND TRANSMITTING
CAPABILITY.
  2. "PERSONAL PRIVACY" MEANS THE  REALM  OF  HUMAN  PHYSICAL  SPACE  OR
INTERACTION  WITH  ANOTHER THAT THE DISCLOSURE OR DISPLAY OF WHICH WOULD
CAUSE EMBARRASSMENT OR EMOTIONAL DISTRESS  TO  A  REASONABLE  PERSON  OF
ORDINARY SENSITIVITY.
  3.  "PORNOGRAPHY"  MEANS AN IMAGE OR MATERIAL DEPICTING ACTS OF SEXUAL
INTERCOURSE OR ACTS OF SEXUAL PERVERSION.
  4. "TRANSMIT" MEANS TO DISSEMINATE BY ANY MEANS, WHETHER COMMERCIAL OR
PERSONAL, TO ONE OR MORE LOCATIONS.
S 243.10 CRIMINAL USE OF A MOBILE CAMERA TELEPHONE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05569-01-9

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