senate Bill S4450B

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2016 print number 4450b
May 03, 2016 amend (t) and recommit to codes
Feb 10, 2016 print number 4450a
Feb 10, 2016 amend and recommit to codes
Jan 06, 2016 referred to codes
Mar 20, 2015 referred to codes

S4450 (ACTIVE) - Details

See Assembly Version of this Bill:
A571
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5949, A8214
2017-2018: S2725, A1641
2019-2020: A326

S4450 (ACTIVE) - Summary

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

S4450 (ACTIVE) - Sponsor Memo

S4450 (ACTIVE) - Bill Text download pdf

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

                                  4450

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 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.
  (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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02341-01-5

S4450A (ACTIVE) - Details

See Assembly Version of this Bill:
A571
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5949, A8214
2017-2018: S2725, A1641
2019-2020: A326

S4450A (ACTIVE) - Summary

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

S4450A (ACTIVE) - Sponsor Memo

S4450A (ACTIVE) - Bill Text download pdf

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

                                 4450--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 two new sections 250.70
and 250.75 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.
                                                           LBD02341-09-6

S. 4450--A                          2

Co-Sponsors

S4450B (ACTIVE) - Details

See Assembly Version of this Bill:
A571
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5949, A8214
2017-2018: S2725, A1641
2019-2020: A326

S4450B (ACTIVE) - Summary

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

S4450B (ACTIVE) - Sponsor Memo

S4450B (ACTIVE) - Bill Text download pdf

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

                                 4450--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to establishing the crime  of
  non-consensual dissemination 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 two new sections  250.70
and 250.75 to read as follows:
S 250.70 NON-CONSENSUAL DISSEMINATION OF SEXUALLY EXPLICIT IMAGES.
  A PERSON IS GUILTY OF NON-CONSENSUAL DISSEMINATION OF SEXUALLY EXPLIC-
IT  IMAGES  WHEN HE OR SHE KNOWINGLY AND WITHOUT CONSENT OF THE DEPICTED
PERSON DISSEMINATES A PHOTOGRAPH, FILM,  VIDEOTAPE,  RECORDING,  OR  ANY
OTHER  REPRODUCTION  OF THE IMAGE OF SUCH DEPICTED PERSON WHOSE INTIMATE
PARTS ARE EXPOSED OR WHO IS ENGAGED IN AN ACT OF SEXUAL CONTACT, WHEN  A
REASONABLE  PERSON  WOULD  HAVE KNOWN THAT THE PERSON DEPICTED WOULD NOT
HAVE CONSENTED TO SUCH DISSEMINATION, AND UNDER CIRCUMSTANCES  IN  WHICH
THE  DEPICTED  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  DISSEMINATION  BEYOND   THAT
RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A)  "INTIMATE  PARTS"  MEANS THE NAKED GENITALS, PUBIC AREA, ANUS, OR
FEMALE POST-PUBESCENT NIPPLE OF THE PERSON.
  (B) "SEXUAL CONTACT" MEANS BUT IS NOT LIMITED TO, MASTURBATION,  GENI-
TAL, ANAL, OR ORAL SEX, SEXUAL PENETRATION WITH OBJECTS, OR THE TRANSFER
OR TRANSMISSION OF SEMEN UPON ANY PART OF THE DEPICTED PERSON'S BODY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02341-13-6

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