senate Bill S3378A

2013-2014 Legislative Session

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, dissemination of image to porn website without consent

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 amended on third reading 3378a
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.215
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 23, 2013 referred to codes
delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.635
Feb 01, 2013 referred to codes

Votes

view votes

Feb 27, 2014 - Codes committee Vote

S3378
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 20, 2013 - Codes committee Vote

S3378
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3378 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §250.55, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S743A
2009-2010: S3418

S3378 - Bill Texts

view summary

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, the dissemination of an image of a person to a computer network internet website that is obscene, without the consent or knowledge of the person in the image.

view sponsor memo
BILL NUMBER:S3378

TITLE OF BILL: An act to amend the penal law, in relation to prohibit-
ing the dissemination of any image of a person to an obscene internet
website, without such person's knowledge or consent

PURPOSE: Creates the crime of disseminating a known obscene image to an
Internet site without consent.

SUMMARY OF PROVISIONS:

Section 250.55 of the Penal Law is amended to create the crime of
dissemination of an unlawful surveillance image without the consent or
knowledge of another person to a computer network internet website. The
penalty for such crime will be a class A misdemeanor.

Establishes an effective date on the first of November after enactment
into law.

JUSTIFICATION: The technology of the Internet has evolved rapidly. This
technology has given rise to a new form of pedophile, one who has
discovered the ability to capitalize on technology for their perverse
motives. This bill provides protection from such predatory activities
which previously had not been determined to be illegal or criminal.

LEGISLATIVE HISTORY: 2011,2012: S.743A Passed Senate 2009,2010: S.3418
Referred to Codes 2008: S.8912 Passed Senate

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                  3378

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  O'MARA, RANZENHOFER -- 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 THAT PERSON WHICH HE OR SHE KNOWS IS OBSCENE,
TO A COMPUTER NETWORK INTERNET WEBSITE. FOR THE PURPOSE OF THIS SECTION,
"OBSCENE" SHALL HAVE THE SAME MEANING AS IT IS  DEFINED  IN  SUBDIVISION
ONE OF SECTION 235.00 OF THIS PART.
  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.
                                                           LBD06429-01-3

Co-Sponsors

S3378A (ACTIVE) - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §250.55, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S743A
2009-2010: S3418

S3378A (ACTIVE) - Bill Texts

view summary

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, the dissemination of an image of a person to a computer network internet website that is obscene, without the consent or knowledge of the person in the image.

view sponsor memo
BILL NUMBER:S3378A

TITLE OF BILL: An act to amend the penal law, in relation to
prohibiting the dissemination of any image of a person to an obscene
internet website, without such person's knowledge or consent

PURPOSE:

Creates the crime of disseminating a known obscene image to an
Internet site without consent.

SUMMARY OF PROVISIONS:

Section 250.55 of the Penal Law is amended to create the crime of
dissemination of an unlawful surveillance image without the consent or
knowledge of another person to a computer network internet website.
The penalty for such crime will be a class A misdemeanor.

Establishes an effective date on the first of November after enactment
into law.

JUSTIFICATION:

The technology of the internet has evolved rapidly. This technology
has given rise to a new form of pedophile, one who has discovered the
ability to capitalize on technology for their perverse motives. This
bill provides protection from such predatory activities which
previously had not been determined to be illegal or criminal.

LEGISLATIVE HISTORY:

2011,2012: S.743A Passed Senate
2009,2010: S.3418 Referred to Codes
2008: S.6912 Passed Senate

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                 3378--A
    Cal. No. 215

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens. YOUNG, DeFRANCISCO, GOLDEN, O'MARA, RANZENHOFER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Codes  -- recommitted to the Committee on Codes in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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 THAT PERSON WHICH HE OR SHE KNOWS IS OBSCENE,
TO A COMPUTER NETWORK INTERNET WEBSITE. FOR THE PURPOSE OF THIS SECTION,
"OBSCENE" SHALL HAVE THE SAME MEANING AS IT IS  DEFINED  IN  SUBDIVISION
ONE  OF  SECTION 235.00 OF THIS PART.  NOTHING IN THIS SUBDIVISION SHALL
BE CONSTRUED TO  IMPOSE  LIABILITY  OR  CULPABILITY  ON  AN  INTERACTIVE
COMPUTER  SERVICE  AS DEFINED IN 47 U.S.C.  230(F)(2), OR AN INFORMATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06429-02-4

S. 3378--A                          2

SERVICE OR TELECOMMUNICATION SERVICE AS DEFINED IN 47  U.S.C.  153,  FOR
CONTENT PROVIDED BY ANOTHER PERSON.
  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.

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