The New York State Senate

 
                     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
                                ___________
 
 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.