assembly Bill A326

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Stricken


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2019 enacting clause stricken
Jan 09, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A326 (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8214
2015-2016: A571
2017-2018: A1641

A326 (ACTIVE) - Summary

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

A326 (ACTIVE) - Bill Text download pdf


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

                                   326

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by M. of A. BRAUNSTEIN, PAULIN, SIMOTAS, BARRETT, BENEDETTO,
  McDONOUGH, MONTESANO, BLANKENBUSH, RAIA, OTIS,  FINCH,  QUART,  ORTIZ,
  BRABENEC,   FRIEND,  STIRPE,  SCHIMMINGER,  GIGLIO,  ABBATE,  HYNDMAN,
  SEAWRIGHT, MOSLEY, GOTTFRIED, HEVESI, PERRY, WEPRIN, LAVINE,  WOERNER,
  FERNANDEZ  --  Multi-Sponsored  by  --  M.  of A. CROUCH, ENGLEBRIGHT,
  GALEF, M. L. MILLER, PALMESANO, RODRIGUEZ -- 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.