S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  1185
                       2015-2016 Regular Sessions
                          I N  A S S E M B L Y
                             January 8, 2015
                               ___________
Introduced  by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. CURRAN
  -- read once and referred to the Committee on Codes
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.
                                                           LBD02053-01-5
              
             
                          
                
A. 1185                             2
  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.