senate Bill S5946A

2013-2014 Legislative Session

Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.472
Mar 27, 2014 print number 5946a
amend and recommit to codes
Jan 08, 2014 referred to codes
Oct 04, 2013 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5946 - Bill Details

See Assembly Version of this Bill:
A8204A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §250.40, add §§250.70 & 250.75, Pen L

S5946 - Bill Texts

view summary

Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively.

view sponsor memo
BILL NUMBER:S5946

TITLE OF BILL:
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

SUMMARY OF PROVISIONS:

Section 1 applies the existing definitions of "sexual or other
intimate parts" and "disseminate" to these two new crimes.

Section 2 creates the new crimes of Unlawful dissemination or an
intimate image in the second degree, a class A misdemeanor,
committed when one, with intent to harass, annoy or alarm,
intentionally disseminates an image of the sexual or other intimate
parts of another person without that person's explicit
consent; and Unlawful dissemination of an intimate image in the
first degree, a class E felony, committed when one commits the crime
in the second degree and has a previous conviction for the crime
either in the first or second degree.

Sections 3 provides for the effective date.

JUSTIFICATION:

For ail the advantages that the internet provides, it also assists
individuals in perpetrating harm upon others. Social media allows for
the widespread dissemination of information and images, and websites
devoted to providing people with a means to perpetrate revenge upon
former spouses, girlfriends or boyfriends have been created.

New York law protects one from such conduct if they are unaware that
such images are being taken. Unfortunately, one may provide an
intimate image to another in the context of a relationship with the
expectation that such will be a private sharing. When the
relationship ends, the spurned partner has a means to humiliate the
other by sharing those intimate images with millions of strangers as
well as with the person's family, neighbors, friends, employer and
co-workers.

This bill would protect everyone's intimate images from further
dissemination without his or her explicit consent for dissemination,
if such dissemination was done with the intent to harass, annoy or
alarm the subject of the image. It provides this protection
regardless of who photographed the image and prevents this new form of
cyber-bullying.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


One hundred and eightieth day after it becomes law.

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

                                  5946

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 4, 2013
                               ___________

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

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
BEEN CONVICTED WITHIN THE PAST TEN YEARS OF UNLAWFUL DISSEMINATION OF AN
INTIMATE IMAGE IN THE FIRST OR SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11896-01-3

S. 5946                             2

  UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE FIRST DEGREE  IS  A
CLASS E FELONY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

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S5946A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8204A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §250.40, add §§250.70 & 250.75, Pen L

S5946A (ACTIVE) - Bill Texts

view summary

Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively.

view sponsor memo
BILL NUMBER:S5946A

TITLE OF BILL: 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

SUMMARY OF PROVISIONS:

Section 1 applies the existing definitions of "sexual or other
intimate parts" and "disseminate" to these two new crimes.

Section 2 creates the new crimes of Unlawful dissemination or an
intimate image in the second degree, a class A misdemeanor, committed
when one, with intent to harass, annoy or alarm, intentionally
disseminates an image of the sexual or other intimate parts of another
person without that person's explicit consent; and Unlawful
dissemination of an intimate image in the first degree, a class E
felony, committed when one commits the crime in the second degree and
has a previous conviction for the crime either in the first or second
degree.

Section 3 states nothing in this bill shall be construed to impose
liability on an interactive computer service for content provided by
another person.

Section 4 Effective date.

JUSTIFICATION:

For all the advantages that the Internet provides, it also assists
individuals in perpetrating harm upon others. Social media allows for
the widespread dissemination of information and images, and websites
devoted to providing people with a means to perpetrate revenge upon
former spouses, girlfriends or boyfriends have been created.

New York law protects one from such conduct if they are unaware that
such images are being taken. Unfortunately, one may provide an
intimate image to another in the context of a relationship with the
expectation that such will be a private sharing. When the relationship
ends, the spurned partner has a means to humiliate the other by
sharing those intimate images with millions of strangers as well as
with the person's family, neighbors, friends, employer and co-workers.

This bill would protect everyone's intimate images from further
dissemination without his or her explicit consent for dissemination,
if such dissemination was done with the intent to harass, annoy or
alarm the subject of the image. It provides this protection regardless
of who photographed the image and prevents this new form of
cyber-bullying.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

One hundred and eightieth day after it becomes law.

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

                                 5946--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 4, 2013
                               ___________

Introduced  by  Sens.  BOYLE, GRISANTI, KENNEDY, MAZIARZ, ROBACH -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Rules -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11896-04-4

S. 5946--A                          2

INATION OF AN INTIMATE IMAGE IN THE SECOND  DEGREE  AND  HAS  PREVIOUSLY
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.

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