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Senate Bill S915

2019-2020 Legislative Session

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, dissemination of image to porn website without consent

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S915 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §250.55, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3418
2011-2012: S743
2013-2014: S3378
2015-2016: S2990
2017-2018: S457

2019-S915 (ACTIVE) - Summary

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, the dissemination of an image of a person to a computer network internet website that is obscene, without the consent or knowledge of the person in the image.

2019-S915 (ACTIVE) - Sponsor Memo

2019-S915 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    915
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. YOUNG, FUNKE, HELMING, O'MARA, RANZENHOFER, ROBACH,
   SERINO -- 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 prohibiting the dissem-
   ination of any image of a person to an obscene internet website, with-
   out such person's knowledge or consent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 250.55 of the penal law, as amended by chapter 193
 of the laws of 2014, is amended to read as follows:
 § 250.55 Dissemination of an unlawful surveillance image in  the  second
            degree.
   A  person is guilty of dissemination of an unlawful surveillance image
 in the second degree when [he]:
   1. HE or she, with knowledge of the unlawful conduct by which an image
 or images of the sexual or other intimate parts  of  another  person  or
 persons were obtained and such unlawful conduct would satisfy the essen-
 tial  elements  of  the  crime  of unlawful surveillance in the first or
 second degree, as defined, respectively, in section 250.50 or 250.45  of
 this article, intentionally disseminates such image or images[.]; OR
   2.  WITHOUT  THE  KNOWLEDGE  OR  CONSENT  OF ANOTHER PERSON, HE OR SHE
 DISSEMINATES AN IMAGE OF THAT PERSON WHICH HE OR SHE KNOWS  IS  OBSCENE,
 TO A COMPUTER NETWORK INTERNET WEBSITE. FOR THE PURPOSE OF THIS SECTION,
 "OBSCENE"  SHALL  HAVE  THE SAME MEANING AS IT IS DEFINED IN SUBDIVISION
 ONE OF SECTION 235.00 OF THIS PART.  NOTHING IN THIS  SUBDIVISION  SHALL
 BE  CONSTRUED  TO  IMPOSE  LIABILITY  OR  CULPABILITY  ON AN INTERACTIVE
 COMPUTER SERVICE AS DEFINED IN 47 U.S.C.  230(F)(2), OR  AN  INFORMATION
 SERVICE  OR  TELECOMMUNICATION  SERVICE AS DEFINED IN 47 U.S.C. 153, FOR
 CONTENT PROVIDED BY ANOTHER PERSON.
   Dissemination of an unlawful surveillance image in the  second  degree
 is a class A misdemeanor.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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