|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 27, 2021||recommit, enacting clause stricken|
|Feb 16, 2021||referred to codes|
senate Bill S4843
Current Bill Status - Stricken
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4843 (ACTIVE) - Details
S4843 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4843 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of unsolicited disclosure of an intimate image PURPOSE: This legislation will make it unlawful to send unsolicited intimate images punishable by fine and allow for judicial discretion to require sexual harassment prevention classes SUMMARY OF PROVISIONS: Section 1 adds a new section 245.12 to the penal law which creates the crime of unsolicited disclosure of an intimate image as a class B misde- meanor. This section also defines the following terms: "intimate body parts", "intimate image", "send by electronic device", and "sexual activity".
S4843 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4843 2021-2022 Regular Sessions I N S E N A T E February 16, 2021 ___________ Introduced by Sen. BIAGGI -- 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 a new section 245.12 to read as follows: § 245.12 UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE. 1. A PERSON IS GUILTY OF UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER PERSON AND WHICH SERVES NO LEGITIMATE PURPOSE, HE OR SHE SENDS BY ELECTRONIC DEVICE AN UNSOLICITED INTIMATE IMAGE TO SUCH OTHER PERSON. 2. FOR PURPOSES OF THIS SECTION: A. "INTIMATE BODY PARTS" MEANS THE GENITALS, PUBIC AREA OR ANUS OF ANY PERSON; B. "INTIMATE IMAGE" MEANS A PHOTOGRAPH, 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; C. "SEND BY ELECTRONIC DEVICE" MEANS TO SEND USING A CELLULAR TELE- PHONE OR ANY OTHER ELECTRONIC COMMUNICATION DEVICE, INCLUDING DEVICES CAPABLE OF SENDING TEXT MESSAGES OR E-MAILS; D. "SEXUAL ACTIVITY" MEANS "SEXUAL INTERCOURSE" AS DEFINED IN SUBDIVI- SION 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 CHAPTER, 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 INDIVIDUAL'S BODY. UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE IS A CLASS B MISDEMEANOR. § 2. The penal law is amended by adding a new section 60.38 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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