assembly Bill A11188A

2017-2018 Legislative Session

Establishes the crime of unlawful dissemination or publication of an intimate image

download bill text pdf

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2018 referred to rules
delivered to senate
passed assembly
Jun 18, 2018 ordered to third reading rules cal.268
rules report cal.268
reported
Jun 15, 2018 print number 11188a
Jun 15, 2018 amend (t) and recommit to rules
Jun 14, 2018 reported referred to rules
Jun 13, 2018 referred to codes

Co-Sponsors

A11188 - Details

See Senate Version of this Bill:
S9019
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §245.15, Pen L; amd §530.11, CP L; amd §812, Fam Ct Act; add §52-b, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
A2056

A11188 - Summary

Establishes the crime of unlawful dissemination or publication of an intimate image and creates a private right of action for such crime.

A11188 - Bill Text download pdf


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

                                  11188

                          I N  A S S E M B L Y

                              June 13, 2018
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law and the civil rights law, in  relation  to
  establishing  the crime of unlawful dissemination or publication 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 OR PUBLICATION OF AN INTIMATE IMAGE.
  1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION  OF  AN
INTIMATE IMAGE WHEN:
  (A)  WITH INTENT TO CAUSE MATERIAL HARM TO THE EMOTIONAL, FINANCIAL OR
PHYSICAL WELFARE OF ANOTHER PERSON, HE OR SHE INTENTIONALLY DISSEMINATES
OR PUBLISHES A STILL OR VIDEO IMAGE OF SUCH OTHER PERSON, WHO  IS  IDEN-
TIFIABLE  FROM  THE  STILL  OR  VIDEO  IMAGE  ITSELF OR FROM INFORMATION
DISPLAYED IN CONNECTION WITH THE STILL  OR  VIDEO  IMAGE,  WITHOUT  SUCH
OTHER PERSON'S CONSENT, WHICH DEPICTS:
  (I) AN UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH OTHER PERSON; OR
  (II) SUCH OTHER PERSON ENGAGING IN SEXUAL CONDUCT AS DEFINED IN SUBDI-
VISION  TEN  OF  SECTION  130.00 OF THIS CHAPTER WITH ANOTHER PERSON AND
WHICH REVEALS AN UNCLOTHED OR EXPOSED INTIMATE PART; AND
  (B) SUCH STILL OR VIDEO IMAGE WAS TAKEN UNDER CIRCUMSTANCES  WHEN  THE
PERSON  DEPICTED  HAD  A REASONABLE EXPECTATION OF PRIVACY AND THE ACTOR
KNEW OR REASONABLY SHOULD HAVE KNOWN THE PERSON  DEPICTED  INTENDED  FOR
THE  STILL  OR VIDEO IMAGE TO REMAIN PRIVATE INDEFINITELY, REGARDLESS OF
WHETHER THE ACTOR WAS PRESENT WHEN THE STILL OR VIDEO IMAGE WAS TAKEN.
  2. FOR PURPOSES OF THIS SECTION "INTIMATE PART" MEANS THE NAKED  GENI-
TALS, PUBIC AREA, ANUS OR FEMALE NIPPLE OF THE PERSON.
  3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
  (A) THE REPORTING OF UNLAWFUL CONDUCT;
  (B)  DISSEMINATION  OR  PUBLICATION  OF  AN INTIMATE IMAGE MADE DURING
LAWFUL AND COMMON PRACTICES OF LAW  ENFORCEMENT,  LEGAL  PROCEEDINGS  OR
MEDICAL TREATMENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

A11188A (ACTIVE) - Details

See Senate Version of this Bill:
S9019
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §245.15, Pen L; amd §530.11, CP L; amd §812, Fam Ct Act; add §52-b, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
A2056

A11188A (ACTIVE) - Summary

Establishes the crime of unlawful dissemination or publication of an intimate image and creates a private right of action for such crime.

A11188A (ACTIVE) - Bill Text download pdf


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

                                11188--A

                          I N  A S S E M B L Y

                              June 13, 2018
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Braunstein,
  Gunther) -- read once and  referred  to  the  Committee  on  Codes  --
  reported  and  referred  to  the Committee on Rules -- Rules Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules

AN ACT to amend the penal law, the criminal procedure  law,  the  family
  court  act  and  the civil rights law, in relation to establishing the
  crime of unlawful dissemination or publication 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 OR PUBLICATION OF AN INTIMATE IMAGE.
  1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION  OF  AN
INTIMATE IMAGE WHEN:
  (A)  WITH INTENT TO CAUSE MATERIAL HARM TO THE EMOTIONAL, FINANCIAL OR
PHYSICAL WELFARE OF ANOTHER PERSON, HE OR SHE INTENTIONALLY DISSEMINATES
OR PUBLISHES A STILL OR VIDEO IMAGE OF SUCH OTHER PERSON, WHO  IS  IDEN-
TIFIABLE  FROM  THE  STILL  OR  VIDEO  IMAGE  ITSELF OR FROM INFORMATION
DISPLAYED IN CONNECTION WITH THE STILL  OR  VIDEO  IMAGE,  WITHOUT  SUCH
OTHER PERSON'S CONSENT, WHICH DEPICTS:
  (I) AN UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH OTHER PERSON; OR
  (II) SUCH OTHER PERSON ENGAGING IN SEXUAL CONDUCT AS DEFINED IN SUBDI-
VISION TEN OF SECTION 130.00 OF THIS CHAPTER WITH ANOTHER PERSON; AND
  (B)  SUCH  STILL OR VIDEO IMAGE WAS TAKEN UNDER CIRCUMSTANCES WHEN THE
PERSON DEPICTED HAD A REASONABLE EXPECTATION OF PRIVACY  AND  THE  ACTOR
KNEW  OR  REASONABLY  SHOULD HAVE KNOWN THE PERSON DEPICTED INTENDED FOR
THE STILL OR VIDEO IMAGE TO REMAIN PRIVATE INDEFINITELY,  REGARDLESS  OF
WHETHER THE ACTOR WAS PRESENT WHEN THE STILL OR VIDEO IMAGE WAS TAKEN.
  2.  FOR PURPOSES OF THIS SECTION "INTIMATE PART" MEANS THE NAKED GENI-
TALS, PUBIC AREA, ANUS OR FEMALE NIPPLE OF THE PERSON.
  2-A. FOR PURPOSES OF THIS SECTION "DISSEMINATE"  AND  "PUBLISH"  SHALL
HAVE THE SAME MEANING AS DEFINED IN SECTION 250.40 OF THIS TITLE.
  3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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