NY State Senate Bill 2009-S5680

Senate Bill S5680

2009-2010 Legislative Session

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

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2010	referred to ways and means delivered to assembly passed senate
Jun 16, 2010	amended on third reading 5680a
Jun 16, 2010	ordered to third reading cal.979
Jun 14, 2010	committee discharged and committed to rules
Jun 10, 2010	reported and committed to finance
Mar 02, 2010	reported and committed to codes
Jan 06, 2010	referred to children and families
May 27, 2009	referred to children and families

Votes

- Jun 22, 2010 - Floor Vote
  S5680
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 22, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 16, 2010 - Rules Committee Vote
  S5680
  
  16
  
  Aye
  
  0
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2010
      
      aye (16)
      
      Dilan
      
      Duane
      
      Espada
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      Montgomery
      
      Parker
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (7)
      
      Farley
      
      LaValle
      
      Larkin
      
      Padavan
      
      Saland
      
      Seward
      
      Skelos
  Jun 10, 2010 - Codes Committee Vote
  S5680
  
  12
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 10, 2010
      
      aye (12)
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      aye wr (4)
      
      Bonacic
      
      Golden
      
      Saland
      
      Volker
  Mar 2, 2010 - Children And Families Committee Vote
  S5680
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 2, 2010
      
      aye (5)
      
      Duane
      
      Huntley
      
      McDonald
      
      Montgomery
      
      Schneiderman
      
      aye wr (1)
      
      Marcellino

Bill Amendments

Original

A (Active)

2009-S5680 - 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: S3439
2013-2014: S463

2009-S5680 - Summary

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

2009-S5680 - Sponsor Memo

                                 BILL NUMBER:  S5680

 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-S5680 - Bill Text download pdf

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

                                  5680

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

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)
DISTRIBUTION  OF  INFORMATION  THROUGH EDUCATORS, MENTORS, AND COMMUNITY
MEMBERS.

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

S. 5680                             2

  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

2009-S5680A (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: S3439
2013-2014: S463

2009-S5680A (ACTIVE) - Summary

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

2009-S5680A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5680A

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 photo-
graphs 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 them-
selves.

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 post-
ings, 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 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 that the depiction or description was not
obtained in violation of section 250.45 or 250.50 of this chapter, and
both defendant and the recipient expressly or impliedly acquiesced in
the conduct, and the defendant did not intend to profit from such
conduct. The affirmative defense shall not be available for any subse-
quent transfer of the depiction or description, and shall only apply to
the original single transfer to a single recipient.

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 section
one of this act shall take effect on the ninetieth day after it shall
have become a law.

2009-S5680A (ACTIVE) - Bill Text download pdf

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

                                 5680--A
    Cal. No. 979

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8 -- reported favorably from  said  committee
  and  committed  to  the  Committee on Codes -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged  and  said  bill  committed  to  the  Committee on Rules --
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11877-03-0

S. 5680--A                          2

  (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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