senate Bill S3439A

2011-2012 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
May 02, 2011 reported and committed to finance
Apr 14, 2011 print number 3439a
amend and recommit to children and families
Feb 22, 2011 referred to children and families

Votes

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May 2, 2011 - Children and Families committee Vote

S3439A
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 2, 2011

Bill Amendments

Original
A (Active)
Original
A (Active)

S3439 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §501, Exec L; add §40.20, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S5680

S3439 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3439

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:
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.

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 longterm 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 '0
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:
2010: Senate Bill 5680-A passed the Senate.

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.

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

                                  3439

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 22, 2011
                               ___________

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.
                                                           LBD00745-02-1

S. 3439                             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.

S3439A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §501, Exec L; add §40.20, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S5680

S3439A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3439A

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:
Subdivision 16 of section 501 of the
executive law, as renumbered by chapter 170 of the laws of 1984, is
renumbered subdivision 17 and a new subdivision 16 is added.

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 longterm 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 was less than eighteen years old and that there is less
than four years age difference between the defendant and the
recipient at the time of the act and the depiction or description and
both the defendant and the recipient did not intend to or profit from
such conduct. The affirmative defense does not apply to any
subsequent transfer of the depiction 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:
2010: Senate Bill 5680-A passed the Senate.

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3439--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 22, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  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
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.
                                                           LBD00745-03-1

S. 3439--A                          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 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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