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Senate Bill S2078

2019-2020 Legislative Session

Establishes the crimes of unsolicited disclosure of an intimate image in the first and second degrees

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S2078 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§245.12 & 245.13, Pen L

2019-S2078 (ACTIVE) - Summary

Establishes the crimes of unsolicited disclosure of an intimate image in the first and second degrees; provides that a person is guilty of unsolicited disclosure of an intimate image when, with intent to harass, annoy or alarm another person he or she sends by electronic device an unsolicited intimate image to such other person.

2019-S2078 (ACTIVE) - Sponsor Memo

2019-S2078 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2078
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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 two new sections  245.12
 and 245.13 to read as follows:
 § 245.12 UNSOLICITED  DISCLOSURE  OF  AN  INTIMATE  IMAGE  IN THE SECOND
            DEGREE.
   1. A PERSON IS GUILTY OF UNSOLICITED DISCLOSURE OF AN  INTIMATE  IMAGE
 IN THE SECOND DEGREE WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER
 PERSON  HE  OR  SHE  SENDS  BY ELECTRONIC DEVICE AN UNSOLICITED INTIMATE
 IMAGE TO SUCH OTHER PERSON.
   2. FOR PURPOSES OF THIS SECTION, "INTIMATE BODY PARTS" MEANS THE GENI-
 TALS, PUBIC AREA OR ANUS OF ANY PERSON; "INTIMATE IMAGE" MEANS A  PHOTO-
 GRAPH,  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; "SEND BY ELECTRONIC DEVICE" MEANS TO SEND
 USING A CELLULAR TELEPHONE OR ANY OTHER ELECTRONIC COMMUNICATION DEVICE,
 INCLUDING DEVICES CAPABLE OF SENDING TEXT MESSAGES OR  E-MAILS;  "SEXUAL
 ACTIVITY"  MEANS  "SEXUAL  INTERCOURSE" AS DEFINED IN SUBDIVISION 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 CHAP-
 TER, 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  INDI-
 VIDUAL'S BODY.
   UNSOLICITED  DISCLOSURE OF AN INTIMATE IMAGE IN THE SECOND DEGREE IS A
 CLASS A MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08437-01-9

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