assembly Bill A5981

Signed By Governor
2019-2020 Legislative Session

Establishes the crime of unlawful dissemination or publication of an intimate image

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Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2019 signed chap.109
Jul 22, 2019 delivered to governor
Feb 28, 2019 returned to assembly
passed senate
3rd reading cal.61
substituted for s1719c
referred to codes
delivered to senate
passed assembly
Feb 27, 2019 ordered to third reading rules cal.34
rules report cal.34
reported
reported referred to rules
Feb 25, 2019 referred to codes

Co-Sponsors

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Multi-Sponsors

A5981 (ACTIVE) - Details

See Senate Version of this Bill:
S1719
Law Section:
Penal Law
Laws Affected:
Add §245.15, Pen L; amd §530.11, CP L; amd §812, Fam Ct Act; add §52-b, Civ Rts L

A5981 (ACTIVE) - Summary

Establishes the crime of unlawful dissemination or publication of an intimate image and creates a private right of action for such crime.

A5981 (ACTIVE) - Bill Text download pdf


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

                                  5981

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2019
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN,  GUNTHER,  WEPRIN, PAULIN, OTIS,
  BUTTENSCHON, M. L. MILLER -- read once and referred to  the  Committee
  on Codes

AN  ACT  to  amend the penal law, the criminal procedure law, the family
  court act and the civil rights law, in relation  to  establishing  the
  crime of unlawful dissemination or publication 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 245.15  to
read as follows:
§ 245.15 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE.
  1.  A  PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF AN
INTIMATE IMAGE WHEN:
  (A) WITH INTENT TO CAUSE HARM TO THE EMOTIONAL, FINANCIAL OR  PHYSICAL
WELFARE  OF  ANOTHER  PERSON,  HE  OR  SHE INTENTIONALLY DISSEMINATES OR
PUBLISHES A STILL OR VIDEO IMAGE OF SUCH OTHER PERSON, WHO IS  IDENTIFI-
ABLE  FROM THE STILL OR VIDEO IMAGE ITSELF OR FROM INFORMATION DISPLAYED
IN CONNECTION WITH THE STILL OR VIDEO IMAGE, WITHOUT SUCH OTHER PERSON'S
CONSENT, WHICH DEPICTS:
  (I) AN UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH OTHER PERSON; OR
  (II) SUCH OTHER PERSON ENGAGING IN SEXUAL CONDUCT AS DEFINED IN SUBDI-
VISION TEN OF SECTION 130.00 OF THIS CHAPTER WITH ANOTHER PERSON; AND
  (B) SUCH STILL OR VIDEO IMAGE WAS TAKEN UNDER CIRCUMSTANCES  WHEN  THE
PERSON DEPICTED HAD A REASONABLE EXPECTATION THAT THE IMAGE WOULD REMAIN
PRIVATE  AND  THE  ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THE PERSON
DEPICTED INTENDED FOR THE  STILL  OR  VIDEO  IMAGE  TO  REMAIN  PRIVATE,
REGARDLESS  OF  WHETHER  THE  ACTOR  WAS PRESENT WHEN THE STILL OR VIDEO
IMAGE WAS TAKEN.
  2. FOR PURPOSES OF THIS SECTION "INTIMATE PART" MEANS THE NAKED  GENI-
TALS, PUBIC AREA, ANUS OR FEMALE NIPPLE OF THE PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06276-14-9