Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 |
referred to codes |
Jan 22, 2019 |
referred to codes |
Senate Bill S2078
2019-2020 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
Actions
2019-S2078 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§245.12 & 245.13, Pen L
2019-S2078 (ACTIVE) - Summary
Establishes the crimes of unsolicited disclosure of an intimate image in the first and second degrees; provides that 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.
2019-S2078 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2078 SPONSOR: BENJAMIN TITLE OF BILL: An act to amend the penal law, in relation to estab- lishing the crime of unsolicited disclosure of an intimate image PURPOSE: Clarifies that the unsolicited disclosure of an intimate image shall be a crime. SUMMARY OF PROVISIONS: Section 1 adds two new sections to the Penal Law: § 245.12 defines unsolicited disclosure of an intimate image in the second degree and an "intimate image," and defines this crime as a class A misdemeanor. § 245.13 defines unsolicited disclosure of an intimate image in the first degree, which is defined as distributing such images to person 16
2019-S2078 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2078 2019-2020 Regular Sessions I N S E N A T E January 22, 2019 ___________ Introduced by Sen. BENJAMIN -- 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 two new sections 245.12 and 245.13 to read as follows: § 245.12 UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE IN THE SECOND DEGREE. 1. A PERSON IS GUILTY OF UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE IN THE SECOND DEGREE 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, "INTIMATE BODY PARTS" MEANS THE GENI- TALS, PUBIC AREA OR ANUS OF ANY PERSON; "INTIMATE IMAGE" MEANS A PHOTO- GRAPH, 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; "SEND BY ELECTRONIC DEVICE" MEANS TO SEND USING A CELLULAR TELEPHONE OR ANY OTHER ELECTRONIC COMMUNICATION DEVICE, INCLUDING DEVICES CAPABLE OF SENDING TEXT MESSAGES OR E-MAILS; "SEXUAL ACTIVITY" MEANS "SEXUAL INTERCOURSE" AS DEFINED IN SUBDIVISION 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 CHAP- TER, 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 INDI- VIDUAL'S BODY. UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08437-01-9
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