senate Bill S1719C

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A5981 - Passed Senate & Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 28, 2019 returned to assembly
passed senate
3rd reading cal.61
substituted for s1719c
Feb 28, 2019 substituted by a5981
Feb 26, 2019 amended on third reading 1719c
Feb 05, 2019 amended on third reading 1719b
Feb 04, 2019 advanced to third reading
Jan 29, 2019 2nd report cal.
Jan 28, 2019 1st report cal.61
Jan 24, 2019 print number 1719a
Jan 24, 2019 amend and recommit to codes
Jan 15, 2019 referred to codes

Co-Sponsors

S1719 - Details

See Assembly Version of this Bill:
A5981
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

S1719 - Summary

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

S1719 - Sponsor Memo

S1719 - Bill Text download pdf


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

                                  1719

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sens. MARTINEZ, BOYLE -- read twice and ordered printed,
  and when printed to be committed 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 MATERIAL 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  IDEN-
TIFIABLE  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 OF PRIVACY  AND  THE  ACTOR
KNEW  OR  REASONABLY  SHOULD HAVE KNOWN THE PERSON DEPICTED INTENDED FOR
THE STILL OR VIDEO IMAGE TO REMAIN PRIVATE INDEFINITELY,  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, PUBLIC AREA, ANUS OR FEMALE NIPPLE OF THE PERSON.
  2-A. FOR PURPOSES OF THIS SECTION "DISSEMINATE"  AND  "PUBLISH"  SHALL
HAVE THE SAME MEANING AS DEFINED IN SECTION 250.40 OF THIS TITLE.
  3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:

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

Co-Sponsors

S1719A - Details

See Assembly Version of this Bill:
A5981
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

S1719A - Summary

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

S1719A - Sponsor Memo

S1719A - Bill Text download pdf


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

                                 1719--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sens. MARTINEZ, BOYLE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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 MATERIAL 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  IDEN-
TIFIABLE  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 OF PRIVACY  AND  THE  ACTOR
KNEW  OR  REASONABLY  SHOULD HAVE KNOWN THE PERSON DEPICTED INTENDED FOR
THE STILL OR VIDEO IMAGE TO REMAIN PRIVATE INDEFINITELY,  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.
                                                           LBD06276-03-9

Co-Sponsors

view additional co-sponsors

S1719B - Details

See Assembly Version of this Bill:
A5981
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

S1719B - Summary

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

S1719B - Sponsor Memo

S1719B - Bill Text download pdf


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

                                 1719--B
    Cal. No. 61

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sens.  MARTINEZ, BOYLE, THOMAS -- 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 -- reported favorably from said commit-
  tee, ordered to first and second report, ordered to a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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 MATERIAL 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  IDEN-
TIFIABLE  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 OF PRIVACY  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S1719C (ACTIVE) - Details

See Assembly Version of this Bill:
A5981
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

S1719C (ACTIVE) - Summary

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

S1719C (ACTIVE) - Sponsor Memo

S1719C (ACTIVE) - Bill Text download pdf


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

                                 1719--C
    Cal. No. 61

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by Sens. MARTINEZ, BOYLE, BIAGGI, GOUNARDES, HOYLMAN, KAMIN-
  SKY, KRUEGER, THOMAS -- 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 -- reported favorably from said  committee,  ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  --  again  amended  and  ordered reprinted, retaining its place in the
  order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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