assembly Bill A1641A

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Mar 17, 2017 print number 1641a
Mar 17, 2017 amend and recommit to codes
Jan 12, 2017 referred to codes

Co-Sponsors

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Multi-Sponsors

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A1641 - Details

See Senate Version of this Bill:
S2725
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8214, S5949
2015-2016: A571, S4450
2019-2020: A326

A1641 - Summary

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

A1641 - Bill Text download pdf


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

                                  1641

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2017
                               ___________

Introduced by M. of A. BRAUNSTEIN, BRINDISI, PAULIN, McDONOUGH, MONTESA-
  NO,  SIMOTAS,  MORELLE,  BARRETT,  BENEDETTO, BLANKENBUSH, RAIA, OTIS,
  FINCH, QUART, SALADINO,  ORTIZ,  SKOUFIS,  BRABENEC,  FRIEND,  STIRPE,
  McDONALD,   SCHIMMINGER,  MURRAY,  GIGLIO,  TITONE,  ABBATE,  HYNDMAN,
  SEAWRIGHT -- Multi-Sponsored by  --  M.  of  A.  CROUCH,  ENGLEBRIGHT,
  GALEF,  LUPINACCI,  McKEVITT,  PALMESANO, RODRIGUEZ, SKARTADOS -- read
  once and referred to the Committee on Codes

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:
§ 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01700-01-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A1641A (ACTIVE) - Details

See Senate Version of this Bill:
S2725
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8214, S5949
2015-2016: A571, S4450
2019-2020: A326

A1641A (ACTIVE) - Summary

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

A1641A (ACTIVE) - Bill Text download pdf


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

                                 1641--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2017
                               ___________

Introduced by M. of A. BRAUNSTEIN, BRINDISI, PAULIN, McDONOUGH, MONTESA-
  NO,  SIMOTAS,  MORELLE,  BARRETT,  BENEDETTO, BLANKENBUSH, RAIA, OTIS,
  FINCH, QUART, ORTIZ,  SKOUFIS,  BRABENEC,  FRIEND,  STIRPE,  McDONALD,
  SCHIMMINGER,  MURRAY,  GIGLIO,  TITONE,  ABBATE, HYNDMAN, SEAWRIGHT --
  Multi-Sponsored by -- M.  of A. CROUCH, ENGLEBRIGHT, GALEF, LUPINACCI,
  McKEVITT, PALMESANO, RODRIGUEZ, SKARTADOS -- read once and referred to
  the Committee on Codes -- 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:
§ 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01700-02-7

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