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Assembly Bill A8238

2017-2018 Legislative Session

Relates to unlawful broadcast of criminal activity

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2017-A8238 (ACTIVE) - Details

See Senate Version of this Bill:
S6099
Law Section:
Penal Law
Laws Affected:
Add §§245.15 & 245.20, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1273

2017-A8238 (ACTIVE) - Summary

Establishes the crime of unlawful broadcast of criminal activity; prohibits the live broadcast of the commission of a felony by the person committing such acts or by an accomplice or agent.

2017-A8238 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8238
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   unlawful broadcast of criminal activity
 
   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  245.15
 and 245.20 to read as follows:
 § 245.15 UNLAWFUL BROADCAST OF CRIMINAL ACTIVITY IN THE SECOND DEGREE.
   1.  A  PERSON  IS GUILTY OF UNLAWFUL BROADCAST OF CRIMINAL ACTIVITY IN
 THE SECOND DEGREE WHEN HE OR SHE, DURING  THE  COMMISSION  OF  ANY  ACTS
 CONSTITUTING  ANY  FELONY  OFFENSE,  OR  ACTING AS AN ACCOMPLICE TO SUCH
 OFFENSE, OR ACTING AS AN AGENT TO THE PERSON WHO COMMITS  SUCH  OFFENSE,
 BROADCASTS  OR CAUSES TO BE BROADCAST OR DISSEMINATED LIVE VIDEO OF SUCH
 ACTS ON ANY MEDIA FORMAT.
   2. FOR THE PURPOSES OF THIS SECTION AND SECTION 245.20 OF  THIS  ARTI-
 CLE:
   (A)  "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
 THE INTENT THAT IT BE VIEWED BY A PERSON.
   (B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER,  MAIL,  SEND,
 FORWARD,  TRANSFER  OR  TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
 PERSON.
   UNLAWFUL BROADCAST OF CRIMINAL ACTIVITY IN  THE  SECOND  DEGREE  IS  A
 CLASS E FELONY.
 § 245.20 UNLAWFUL BROADCAST OF CRIMINAL ACTIVITY IN THE FIRST DEGREE.
   1.  A  PERSON  IS GUILTY OF UNLAWFUL BROADCAST OF CRIMINAL ACTIVITY IN
 THE FIRST DEGREE WHEN HE OR SHE,  DURING  THE  COMMISSION  OF  ANY  ACTS
 CONSTITUTING  A  VIOLENT  FELONY  OFFENSE AS DEFINED IN SECTION 70.02 OF
 THIS CHAPTER, OR ACTING AS AN ACCOMPLICE TO SUCH OFFENSE, OR  ACTING  AS
 AN AGENT TO THE PERSON WHO COMMITS SUCH OFFENSE, BROADCASTS OR CAUSES TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11299-01-7

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