S T A T E O F N E W Y O R K
________________________________________________________________________
1716
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
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Introduced by M. of A. ZEBROWSKI, GUNTHER, CUSICK, HOOPER, GALEF,
LENTOL, ORTIZ, RAIA -- Multi-Sponsored by -- M. of A. BROOK-KRASNY,
CAMARA, CROUCH, DUPREY, GIGLIO, GLICK, HEASTIE, JAFFEE, MAGEE, MARKEY,
PERRY, ROBINSON, RUSSELL, SCHIMEL, TITONE -- read once and referred to
the Committee on Codes
AN ACT to amend the executive law and the penal law, in relation to
educating children on the electronic sending and posting of certain
images
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 16 of section 501 of the executive law, as
renumbered by chapter 170 of the laws of 1994, is renumbered subdivision
17 and a new subdivision 16 is added to read as follows:
16. TO ESTABLISH AN EDUCATIONAL OUTREACH PROGRAM FOR TEXT MESSAGE,
EMAIL AND INTERNET POSTING AWARENESS BY PROVIDING FOR AN ONGOING PUBLIC
INFORMATION AND EDUCATIONAL CAMPAIGN ABOUT THE HARM THAT MAY ARISE FROM
ADOLESCENTS SENDING, RECEIVING OR POSTING ON THE INTERNET MESSAGES THAT
MAY INCLUDE, BUT ARE NOT LIMITED TO, PROVOCATIVE OR NUDE IMAGES AND
PHOTOGRAPHS OF THEMSELVES.
(A) SUCH PROGRAM SHALL BE DESIGNED TO PROMOTE (I) INCREASED AWARENESS
OF THE POTENTIAL LONG-TERM HARM TO PRIVACY INTERESTS ASSOCIATED WITH THE
SENDING, RECEIVING OR POSTING OF SUCH IMAGES AND PHOTOGRAPHS; AND (II)
COORDINATION OF PUBLIC AND PRIVATE EFFORTS, INCLUDING BUT NOT LIMITED TO
EFFORTS OF EDUCATORS, COMMUNITY ORGANIZATIONS AND OTHER GROUPS, TO
PROVIDE EDUCATIONAL OUTREACH PROGRAMS TO ADOLESCENTS AND THEIR PARENTS
AND CAREGIVERS, EMPHASIZING SUCH POTENTIAL LONG-TERM HARM.
(B) THE FOLLOWING STRATEGIES, AMONG OTHERS, MAY BE USED TO PROMOTE
AWARENESS OF THE POTENTIAL LONG-TERM HARM TO ADOLESCENTS' PRIVACY INTER-
ESTS BY THE SENDING, RECEIVING OR POSTING OF SUCH IMAGES AND PHOTO-
GRAPHS: (I) OUTREACH CAMPAIGNS BY MEANS OF PRINT, RADIO AND TELEVISION
PUBLIC SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS, INTERNET POSTINGS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00623-01-5
A. 1716 2
AND OTHER MATERIALS; (II) COMMUNITY INFORMATIONAL FORUMS; AND (III)
DISTRIBUTION OF INFORMATION THROUGH EDUCATORS, MENTORS, AND COMMUNITY
MEMBERS.
S 2. The penal law is amended by adding a new section 40.20 to read as
follows:
S 40.20 CERTAIN ACTS BY A YOUNG PERSON.
IN ANY PROSECUTION PURSUANT TO SECTION 235.21 OR 235.22 OR SECTION
263.10, 263.11, 263.15 OR 263.16 OF THIS CHAPTER, IT IS AN AFFIRMATIVE
DEFENSE THAT THE DEFENDANT WAS LESS THAN EIGHTEEN YEARS OLD, AND THAT
THERE IS A LESS THAN FOUR YEARS AGE DIFFERENCE BETWEEN THE DEFENDANT AND
THE RECIPIENT AT THE TIME OF THE ACT, AND THE DEPICTION OR DESCRIPTION
WAS NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS CHAP-
TER, AND BOTH THE DEFENDANT AND THE RECIPIENT EXPRESSLY OR IMPLIEDLY
ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT
FROM SUCH CONDUCT.
S 3. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the ninetieth day after it
shall have become a law.