senate Bill S7076A

2019-2020 Legislative Session

Relates to establishing the crime of unsolicited disclosure of an intimate image

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2020 print number 7076a
Jun 05, 2020 amend and recommit to codes
Jan 08, 2020 referred to codes

S7076 - Details

See Assembly Version of this Bill:
A10185
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§245.12 & 60.38, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S4843, A318

S7076 - Summary

Establishes the crime of unsolicited disclosure of an intimate image as a class B misdemeanor; requires sexual harassment prevention training.

S7076 - Sponsor Memo

S7076 - Bill Text download pdf


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

                                  7076

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2020
                               ___________

Introduced  by Sen. MARTINEZ -- 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 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  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.

S7076A (ACTIVE) - Details

See Assembly Version of this Bill:
A10185
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§245.12 & 60.38, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S4843, A318

S7076A (ACTIVE) - Summary

Establishes the crime of unsolicited disclosure of an intimate image as a class B misdemeanor; requires sexual harassment prevention training.

S7076A (ACTIVE) - Sponsor Memo

S7076A (ACTIVE) - Bill Text download pdf


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

                                 7076--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2020
                               ___________

Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
  printed to be  committed  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:

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.