Senate Bill S1719A

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5981 - Signed by Governor


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

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Actions
Votes

Bill Amendments

co-Sponsors

2019-S1719 - Details

See Assembly Version of this Bill:
A2056
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
Versions Introduced in 2017-2018 Legislative Session:
A11188

2019-S1719 - Summary

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

2019-S1719 - Sponsor Memo

2019-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

2019-S1719A - Details

See Assembly Version of this Bill:
A2056
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
Versions Introduced in 2017-2018 Legislative Session:
A11188

2019-S1719A - Summary

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

2019-S1719A - Sponsor Memo

2019-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

2019-S1719B - Details

See Assembly Version of this Bill:
A2056
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
Versions Introduced in 2017-2018 Legislative Session:
A11188

2019-S1719B - Summary

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

2019-S1719B - Sponsor Memo

2019-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

2019-S1719C (ACTIVE) - Details

See Assembly Version of this Bill:
A2056
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
Versions Introduced in 2017-2018 Legislative Session:
A11188

2019-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.

2019-S1719C (ACTIVE) - Sponsor Memo

2019-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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