S T A T E O F N E W Y O R K
________________________________________________________________________
10185--A
I N A S S E M B L Y
March 24, 2020
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Introduced by M. of A. PAULIN -- 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
unsolicited disclosure 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 245.12 to
read as follows:
§ 245.12 UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE.
1. A PERSON IS GUILTY OF UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE
WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER PERSON AND WHICH
SERVES NO LEGITIMATE PURPOSE, HE OR SHE SENDS BY ELECTRONIC DEVICE AN
UNSOLICITED INTIMATE IMAGE TO SUCH OTHER PERSON.
2. FOR PURPOSES OF THIS SECTION: A. "INTIMATE BODY PARTS" MEANS THE
GENITALS, PUBIC AREA OR ANUS OF ANY PERSON;
B. "INTIMATE IMAGE" MEANS A PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING OR
ANY OTHER REPRODUCTION OF AN IMAGE OF AN INDIVIDUAL WITH FULLY OR
PARTIALLY EXPOSED INTIMATE BODY PARTS OR ENGAGED IN SEXUAL ACTIVITY;
C. "SEND BY ELECTRONIC DEVICE" MEANS TO SEND USING A CELLULAR TELE-
PHONE OR ANY OTHER ELECTRONIC COMMUNICATION DEVICE, INCLUDING DEVICES
CAPABLE OF SENDING TEXT MESSAGES OR E-MAILS;
D. "SEXUAL ACTIVITY" MEANS "SEXUAL INTERCOURSE" AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 130.00 OF THIS CHAPTER, "ORAL SEXUAL CONDUCT" OR
"ANAL SEXUAL CONDUCT" AS DEFINED IN SUBDIVISION TWO OF SECTION 130.00 OF
THIS CHAPTER, TOUCHING OF THE INTIMATE BODY PARTS OF A PERSON FOR THE
PURPOSE OF GRATIFYING SEXUAL DESIRE, SEXUAL PENETRATION WITH ANY OBJECT,
OR THE TRANSMISSION OR APPEARANCE OF SEMEN UPON ANY PART OF THE DEPICTED
INDIVIDUAL'S BODY.
UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE IS A CLASS B MISDEMEANOR.
§ 2. The penal law is amended by adding a new section 60.38 to read as
follows:
§ 60.38 AUTHORIZED DISPOSITION; UNSOLICITED DISCLOSURE OF AN INTIMATE
IMAGE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13910-02-0
A. 10185--A 2
WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 245.12 OF
THIS CHAPTER, OR OF AN ATTEMPT TO COMMIT SUCH OFFENSE, THE COURT SHALL,
WHERE APPROPRIATE, INCLUDE AS A CONDITION OF SUCH SENTENCE THE DEFEND-
ANT'S SUCCESSFUL COMPLETION OF A SEXUAL HARASSMENT PREVENTION TRAINING
PROGRAM APPROVED BY THE DIVISION OF HUMAN RIGHTS.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.