senate Bill S5253B

Signed By Governor
2011-2012 Legislative Session

Creates an educational reform program and a diversionary program for juveniles who are charged with offenses involving a photograph depicting nudity

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Sponsored By

Archive: Last Bill Status Via A8170 - Signed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 approval memo.9
signed chap.535
Sep 12, 2011 delivered to governor
Jun 21, 2011 returned to assembly
passed senate
3rd reading cal.1435
substituted for s5253b
Jun 21, 2011 substituted by a8170b
ordered to third reading cal.1435
committee discharged and committed to rules
Jun 17, 2011 print number 5253b
Jun 17, 2011 amend (t) and recommit to finance
Jun 10, 2011 print number 5253a
Jun 10, 2011 amend (t) and recommit to finance
May 03, 2011 referred to finance

S5253 - Details

See Assembly Version of this Bill:
A8170
Law Section:
Social Services Law
Laws Affected:
Add Art 6 Title 11 §458-l, Soc Serv L; amd §§315.3, 353.1 & 735, Fam Ct Act; add §60.37, Pen L

S5253 - Summary

Creates an educational reform program and a diversionary program for certain juveniles who are criminally charged with certain offenses involving the creation, exhibition or distribution of a photograph depicting nudity through the use of an electronic communication device, an interactive wireless communications device or a computer.

S5253 - Sponsor Memo

S5253 - Bill Text download pdf

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

                                  5253

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to establishing  a  juve-
  nile  sexting  and  cyberbullying education demonstration program; and
  providing for the repeal of certain  provisions  upon  the  expiration
  thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 75  to
read as follows:
  S  75.  SEXTING  AND CYBERBULLYING EDUCATION DEMONSTRATION PROGRAM. 1.
FOR THE PURPOSES OF THIS SECTION:
  (A) "SEXTING" MEANS THE CREATION,  EXHIBITION  OR  DISTRIBUTION  OF  A
PHOTOGRAPH  DEPICTING  NUDITY  THROUGH THE USE OF AN ELECTRONIC COMMUNI-
CATION DEVICE,  AN  INTERACTIVE  WIRELESS  COMMUNICATIONS  DEVICE  OR  A
COMPUTER, WHEN THE CREATOR THEREOF AND THE SUBJECT OF THE PHOTOGRAPH ARE
BOTH  UNDER  THE AGE OF SIXTEEN YEARS OR WERE BOTH UNDER SUCH AGE AT THE
TIME OF ITS MAKING.
  (B) "CYBERBULLYING" MEANS COMMUNICATION WITH INTENT TO COERCE,  INTIM-
IDATE, HARASS OR CAUSE SUBSTANTIAL EMOTIONAL DISTRESS TO A PERSON, USING
ELECTRONIC MEANS TO SUPPORT SEVERE, REPEATED AND HOSTILE BEHAVIOR.
  (C) "COMMUNICATION" MEANS THE ELECTRONIC TRANSMISSION BETWEEN OR AMONG
POINTS SPECIFIED BY A USER OF INFORMATION OF SUCH USER'S CHOOSING, WITH-
OUT  CHANGE  IN  THE  FORM  OR  CONTENT  OF  THE INFORMATION AS SENT AND
RECEIVED.
  (D) "ELECTRONIC MEANS" MEANS ANY  EQUIPMENT  DEPENDENT  ON  ELECTRICAL
POWER TO ACCESS AN INFORMATION SERVICE, INCLUDING EMAIL, INSTANT MESSAG-
ING, BLOGS, WEBSITES, TELEPHONES AND TEXT MESSAGES.
  2.  THE  ATTORNEY  GENERAL SHALL, IN CONSULTATION AND COOPERATION WITH
THE OFFICE OF COURT ADMINISTRATION, ESTABLISH AND IMPLEMENT SEXTING  AND
CYBERBULLYING  EDUCATION  DEMONSTRATION  PROGRAMS IN NOT LESS THAN THREE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11384-03-1

Co-Sponsors

S5253A - Details

See Assembly Version of this Bill:
A8170
Law Section:
Social Services Law
Laws Affected:
Add Art 6 Title 11 §458-l, Soc Serv L; amd §§315.3, 353.1 & 735, Fam Ct Act; add §60.37, Pen L

S5253A - Summary

Creates an educational reform program and a diversionary program for certain juveniles who are criminally charged with certain offenses involving the creation, exhibition or distribution of a photograph depicting nudity through the use of an electronic communication device, an interactive wireless communications device or a computer.

S5253A - Sponsor Memo

S5253A - Bill Text download pdf

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

                                 5253--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  social services law, in relation to creating an
  educational reform program for certain offenders  who  are  criminally
  charged  with  certain  offenses involving the creation, exhibition or
  distribution of a photograph depicting nudity through the  use  of  an
  electronic  communication  device,  an  interactive  wireless communi-
  cations device or a computer; and to amend the criminal procedure  law
  and  the  family  court  act,  in  relation to creating a diversionary
  program for cases  involving  certain  offenders  who  are  criminally
  charged  with  certain  offenses involving the creation, exhibition or
  distribution of a photograph depicting nudity through the  use  of  an
  electronic  communication  device,  an  interactive  wireless communi-
  cations device or a computer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    This act shall be known and may be cited as "The Cyber-
Crime Youth Rescue Act".
  S 2. Legislative intent. The teenage practices of sexting and  posting
sexual  images  online  are  nationwide  problems  that  have  perplexed
parents, school administrators, and law enforcement officials.  Prosecu-
tors  in several states have charged teenagers who have engaged in these
behaviors  with  criminal  offenses,  including  distribution  of  child
pornography. A charge of this type can ruin the future of a young person
who  was  too inexperienced to understand the consequences of his or her
actions.
  It is necessary to develop an alternative to prosecution for juveniles
who are charged with a criminal offense for posting sexually  suggestive

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11384-04-1

Co-Sponsors

S5253B (ACTIVE) - Details

See Assembly Version of this Bill:
A8170
Law Section:
Social Services Law
Laws Affected:
Add Art 6 Title 11 §458-l, Soc Serv L; amd §§315.3, 353.1 & 735, Fam Ct Act; add §60.37, Pen L

S5253B (ACTIVE) - Summary

Creates an educational reform program and a diversionary program for certain juveniles who are criminally charged with certain offenses involving the creation, exhibition or distribution of a photograph depicting nudity through the use of an electronic communication device, an interactive wireless communications device or a computer.

S5253B (ACTIVE) - Sponsor Memo

S5253B (ACTIVE) - Bill Text download pdf

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

                                 5253--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sens. HANNON, ADAMS -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the social services law, the family court act and the
  penal law, in relation to creating an  education  reform  program  for
  certain  individuals  charged  with  certain  offenses  involving  the
  creation, exhibition or distribution of a photograph depicting  nudity
  through  the use of an electronic communication device, an interactive
  wireless communications device or a computer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as "the cyber-
crime youth rescue act".
  S 2. Article 6 of the social services law is amended by adding  a  new
title 11 to read as follows:
                                 TITLE 11
                        EDUCATION REFORM PROGRAM
SECTION 458-L. EDUCATION REFORM PROGRAM.
  S 458-L. EDUCATION REFORM PROGRAM. 1. AS USED IN THIS SECTION:
  (A)  "ELIGIBLE  PERSON"  MEANS  AN  INDIVIDUAL WHO IS THE SUBJECT OF A
PENDING PETITION IN FAMILY COURT ALLEGING HE OR  SHE  HAS  COMMITTED  AN
ELIGIBLE  OFFENSE  OR  A PERSON WHO HAS BEEN CHARGED, IN CRIMINAL COURT,
WITH AN ELIGIBLE OFFENSE AS THAT TERM IS DEFINED  IN  PARAGRAPH  (B)  OF
THIS SUBDIVISION.
  (B) "ELIGIBLE OFFENSE" MEANS A CRIME OR OFFENSE COMMITTED BY AN ELIGI-
BLE  PERSON  THAT  INVOLVED  CYBERBULLYING  OR THE SENDING OR RECEIPT OF
OBSCENITY, AS DEFINED IN SUBDIVISION ONE OF SECTION 235.00 OF THE  PENAL
LAW,  OR  NUDITY, AS DEFINED IN SUBDIVISION TWO OF SECTION 235.20 OF THE
PENAL LAW, WHEN THE SENDER AND THE RECEIVER THEREOF WERE BOTH UNDER  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11384-06-1

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