senate Bill S5949A

2013-2014 Legislative Session

Establishes the crime of non-consensual disclosure of sexually explicit images

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.585
Apr 07, 2014 print number 5949a
amend and recommit to codes
Jan 08, 2014 referred to codes
Oct 09, 2013 referred to rules

Votes

view votes

May 6, 2014 - Codes committee Vote

S5949A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S5949 - Details

See Assembly Version of this Bill:
A8214A
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L

S5949 - Summary

Establishes the crime of non-consensual disclosure of sexually explicit images as a class A misdemeanor.

S5949 - Sponsor Memo

S5949 - Bill Text download pdf

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

                                  5949

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 9, 2013
                               ___________

Introduced  by  Sens. GRIFFO, LAVALLE, MAZIARZ -- 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 establishing the crime  of
  non-consensual disclosure of sexually explicit images

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

  Section 1. The penal law is amended by adding a new section 250.70  to
read as follows:
S 250.70 NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
  A  PERSON  IS GUILTY OF NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT
IMAGES WHEN HE OR SHE  INTENTIONALLY  AND KNOWINGLY DISCLOSES  A  PHOTO-
GRAPH,  FILM,  VIDEOTAPE,  RECORDING,  OR  ANY OTHER REPRODUCTION OF THE
IMAGE OF ANOTHER PERSON WHOSE INTIMATE  PARTS  ARE  EXPOSED  OR  WHO  IS
ENGAGED  IN  AN ACT OF SEXUAL CONTACT WITHOUT SUCH PERSON'S CONSENT, AND
UNDER CIRCUMSTANCES IN WHICH THE PERSON HAS A REASONABLE EXPECTATION  OF
PRIVACY.  A  PERSON WHO HAS CONSENTED TO THE CAPTURE OR POSSESSION OF AN
IMAGE WITHIN THE CONTEXT  OF  A  PRIVATE  OR  CONFIDENTIAL  RELATIONSHIP
RETAINS  A  REASONABLE  EXPECTATION OF PRIVACY WITH REGARD TO DISCLOSURE
BEYOND THAT RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "DISCLOSE" MEANS TO SELL, MANUFACTURE, GIVE, PROVIDE, LEND, TRADE,
MAIL, DELIVER, TRANSFER, PUBLISH, DISTRIBUTE, CIRCULATE, DISCLOSE, PRES-
ENT, EXHIBIT, ADVERTISE OR OFFER.
  (B) "INTIMATE PARTS" MEANS THE NAKED GENITALS, PUBIC  AREA,  BUTTOCKS,
OR FEMALE ADULT NIPPLE OF THE PERSON.
  (C) "SEXUAL CONTACT" MEANS SEXUAL INTERCOURSE, INCLUDING GENITAL-GENI-
TAL,  ORAL-GENITAL,  ANAL-GENITAL, OR ORAL-ANAL, WHETHER BETWEEN PERSONS
OF THE SAME OR OPPOSITE SEX.
  2. THIS SECTION SHALL NOT APPLY TO:
  (A) LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT,  CRIMINAL  REPORT-
ING, OR LEGAL PROCEEDINGS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-06-3

Co-Sponsors

view additional co-sponsors

S5949A (ACTIVE) - Details

See Assembly Version of this Bill:
A8214A
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L

S5949A (ACTIVE) - Summary

Establishes the crime of non-consensual disclosure of sexually explicit images as a class A misdemeanor.

S5949A (ACTIVE) - Sponsor Memo

S5949A (ACTIVE) - Bill Text download pdf

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

                                 5949--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 9, 2013
                               ___________

Introduced  by  Sens.  GRIFFO,  LAVALLE, GOLDEN, MAZIARZ, RANZENHOFER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Rules  -- recommitted to the Committee on Codes in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation to establishing the crime  of
  non-consensual disclosure of sexually explicit images

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

  Section 1. The penal law is amended by adding a new section 250.70  to
read as follows:
S 250.70 NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
  A  PERSON  IS GUILTY OF NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT
IMAGES WHEN HE OR SHE  INTENTIONALLY  AND KNOWINGLY DISCLOSES  A  PHOTO-
GRAPH,  FILM,  VIDEOTAPE,  RECORDING,  OR  ANY OTHER REPRODUCTION OF THE
IMAGE OF ANOTHER PERSON WHOSE INTIMATE  PARTS  ARE  EXPOSED  OR  WHO  IS
ENGAGED  IN AN ACT OF SEXUAL CONTACT WITHOUT SUCH PERSON'S CONSENT, WHEN
A REASONABLE PERSON WOULD HAVE KNOWN THAT THE PERSON DEPICTED WOULD  NOT
HAVE  CONSENTED TO SUCH DISCLOSURE, AND UNDER CIRCUMSTANCES IN WHICH THE
PERSON HAS A REASONABLE EXPECTATION  OF  PRIVACY.    A  PERSON  WHO  HAS
CONSENTED TO THE CAPTURE OR POSSESSION OF AN IMAGE WITHIN THE CONTEXT OF
A  PRIVATE OR CONFIDENTIAL RELATIONSHIP RETAINS A REASONABLE EXPECTATION
OF PRIVACY WITH REGARD TO DISCLOSURE BEYOND THAT RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "DISCLOSE" MEANS TO SELL, MANUFACTURE, GIVE, PROVIDE, LEND, TRADE,
MAIL, DELIVER, TRANSFER, PUBLISH, DISTRIBUTE, CIRCULATE, DISCLOSE, PRES-
ENT, EXHIBIT, ADVERTISE OR OFFER.
  (B) "INTIMATE PARTS" MEANS THE NAKED GENITALS, PUBIC  AREA,  BUTTOCKS,
OR FEMALE ADULT NIPPLE OF THE PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-10-4

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