Assembly Bill A3057

                            
                    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
              

A. 3057                             2

  A PERSON IS GUILTY OF CRIMINAL USE OF A MOBILE CAMERA TELEPHONE  WHEN,
WITH  INTENT  TO  INTRUDE  OR INVADE UPON ANOTHER'S PERSONAL PRIVACY FOR
PORNOGRAPHIC PURPOSES, SUCH PERSON TAKES:
  1. AN UNAUTHORIZED PHOTOGRAPHIC IMAGE OF AN ADULT, OR
  2.  A  PHOTOGRAPHIC  IMAGE  OF  A CHILD; AND TRANSMITS SUCH PICTURE TO
ANOTHER PERSON'S MOBILE  CAMERA  TELEPHONE,  PERSONAL  COMPUTER,  OR  AN
INTERNET  WEBSITE.  THIS  SECTION  SHALL NOT BE CONSTRUED AS APPLYING TO
BONA FIDE MEDICAL PHOTOGRAPHS OR MATERIALS.
  CRIMINAL USE OF A MOBILE CAMERA TELEPHONE IS A CLASS E FELONY.
S 243.20 OFFENSES INVOLVING MOBILE CAMERA TELEPHONES; DEFENSES.
  IN ANY PROSECUTION UNDER THIS ARTICLE, IT SHALL BE A DEFENSE THAT  THE
DEFENDANT HAD REASONABLE GROUNDS TO BELIEVE:
  1. HE OR SHE HAD AUTHORIZATION TO TAKE THE PICTURE; OR
  2.  HE  OR  SHE  HAD  THE RIGHT TO COPY, REPRODUCE OR DUPLICATE IN ANY
MANNER THE PHOTOGRAPHIC IMAGE; EXCEPT IN  THE  CASE  OF  A  PHOTOGRAPHIC
IMAGE DEPICTING A CHILD IN VIOLATION OF THIS ARTICLE.
  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.