Assembly Bill A8892

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8892
 
                           I N  A S S E M B L Y
 
                              January 5, 2018
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   unlawful dissemination of an intimate image
 
   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 245.15 to
 read as follows:
 § 245.15 UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE.
   A PERSON IS GUILTY OF UNLAWFUL  DISSEMINATION  OF  AN  INTIMATE  IMAGE
 WHEN,  WITH  INTENT  TO  CAUSE SERIOUS EMOTIONAL DISTRESS TO, OR FOR THE
 PURPOSE OF DEGRADING OR ABUSING, ANOTHER PERSON, HE OR SHE:
   1. INTENTIONALLY DISSEMINATES AN  IDENTIFIABLE  IMAGE  OF  SUCH  OTHER
 PERSON,  WITHOUT  SUCH  PERSON'S  CONSENT AND FOR NO LEGITIMATE PURPOSE,
 WHICH DEPICTS THE UNCLOTHED AND EXPOSED SEXUAL OR OTHER  INTIMATE  PARTS
 OF SUCH PERSON; AND
   2. SUCH IMAGE WAS TAKEN UNDER CIRCUMSTANCES WHEN SUCH OTHER PERSON HAD
 A REASONABLE EXPECTATION OF PRIVACY AND THE ACTOR AND SUCH PERSON AGREED
 OR UNDERSTOOD THAT THE IMAGE WOULD REMAIN PRIVATE.
   UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IS A CLASS B MISDEMEANOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14034-01-7