S T A T E O F N E W Y O R K
________________________________________________________________________
3418
2009-2010 Regular Sessions
I N S E N A T E
March 18, 2009
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Introduced by Sens. YOUNG, DeFRANCISCO, MORAHAN, PADAVAN, SALAND -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the dissem-
ination of any image of a person to an obscene internet website, with-
out such person's knowledge or consent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 250.55 of the penal law, as added by chapter 69 of
the laws of 2003, is amended to read as follows:
S 250.55 Dissemination of an unlawful surveillance image in the second
degree.
A person is guilty of dissemination of an unlawful surveillance image
in the second degree when [he]:
1. HE or she, with knowledge of the unlawful conduct by which an image
or images of the sexual or other intimate parts of another person or
persons were obtained and such unlawful conduct would satisfy the essen-
tial elements of the crime of unlawful surveillance in the first or
second degree, intentionally disseminates such image or images[.]; OR
2. WITHOUT THE KNOWLEDGE OR CONSENT OF ANOTHER PERSON, HE OR SHE
DISSEMINATES AN IMAGE OF SUCH OTHER PERSON TO A COMPUTER NETWORK INTER-
NET WEBSITE WHICH HE OR SHE KNOWS IS OBSCENE, AS DEFINED IN SUBDIVISION
ONE OF SECTION 235.00 OF THIS CHAPTER.
Dissemination of an unlawful surveillance image in the second degree
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07688-01-9