S T A T E O F N E W Y O R K
________________________________________________________________________
8204--A
2013-2014 Regular Sessions
I N A S S E M B L Y
October 24, 2013
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Codes -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to creating the crimes of
unlawful dissemination of an intimate image in the first and second
degrees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and the opening paragraph of section
250.40 of the penal law, as added by chapter 69 of the laws of 2003, are
amended to read as follows:
Unlawful surveillance AND DISSEMINATION; definitions.
The following definitions shall apply to sections 250.45, 250.50,
250.55 [and], 250.60, 250.70 AND 250.75 of this article:
S 2. The penal law is amended by adding two new sections 250.70 and
250.75 to read as follows:
S 250.70 UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE SECOND
DEGREE.
A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN
THE SECOND DEGREE WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER
PERSON, HE OR SHE INTENTIONALLY DISSEMINATES AN IMAGE OR IMAGES OF THE
SEXUAL OR OTHER INTIMATE PARTS OF ANOTHER PERSON WITHOUT EXPLICIT
CONSENT OF SUCH PERSON TO DISSEMINATE SUCH IMAGE.
UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE SECOND DEGREE IS A
CLASS A MISDEMEANOR.
S 250.75 UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN
THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL DISSEM-
INATION OF AN INTIMATE IMAGE IN THE SECOND DEGREE AND HAS PREVIOUSLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11896-05-4
A. 8204--A 2
BEEN CONVICTED WITHIN THE PAST TEN YEARS OF UNLAWFUL DISSEMINATION OF AN
INTIMATE IMAGE IN THE FIRST OR SECOND DEGREE.
UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE FIRST DEGREE IS A
CLASS E FELONY.
S 3. Nothing in this act shall be construed to impose liability on an
interactive computer service for content provided by another person. The
term "interactive computer service" means any information service,
system, or access software provider that provides or enables computer
access by multiple users to a computer server, including specifically a
service or system that provides access to the Internet and such systems
operated or services offered by libraries or educational institutions.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.