senate Bill S9019A

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2018 print number 9019a
Jun 15, 2018 amend (t) and recommit to rules
Jun 14, 2018 referred to rules

Co-Sponsors

S9019 - Details

See Assembly Version of this Bill:
A11188
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

S9019 - Summary

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

S9019 - Sponsor Memo

S9019 - Bill Text download pdf


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

                                  9019

                            I N  S E N A T E

                              June 14, 2018
                               ___________

Introduced by Sens. BOYLE, GRIFFO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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

view additional co-sponsors

S9019A (ACTIVE) - Details

See Assembly Version of this Bill:
A11188
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

S9019A (ACTIVE) - Summary

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

S9019A (ACTIVE) - Sponsor Memo

S9019A (ACTIVE) - Bill Text download pdf


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

                                 9019--A

                            I N  S E N A T E

                              June 14, 2018
                               ___________

Introduced by Sens. BOYLE, GRIFFO -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Rules -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:
  (A) THE REPORTING OF UNLAWFUL CONDUCT;

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

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