Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2022 |
committed to rules |
May 09, 2022 |
advanced to third reading |
May 05, 2022 |
2nd report cal. |
May 04, 2022 |
1st report cal.1072 |
Mar 24, 2022 |
print number 6304b |
Mar 24, 2022 |
amend and recommit to codes |
Jan 05, 2022 |
referred to codes |
May 12, 2021 |
print number 6304a |
May 12, 2021 |
amend (t) and recommit to codes |
Apr 21, 2021 |
referred to codes |
Senate Bill S6304B
2021-2022 Legislative Session
Sponsored By
(D, WF) 41st Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Votes
Bill Amendments
2021-S6304 - Details
- See Assembly Version of this Bill:
- A6862
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Amd §245.15, Pen L; amd §52-c, Civ Rts L
2021-S6304 - Sponsor Memo
BILL NUMBER: S6304 SPONSOR: HINCHEY TITLE OF BILL: An act to amend the penal law and the civil rights law, in relation to unlawful dissemination or publication of intimate images created by digitization PURPOSE: This legislation will make it unlawful to disseminate or publicize inti- mate images created by digitization. SUMMARY OF PROVISIONS: Section 1 amends section 245.15 of the penal law to include images created by digitization Section 2 amends section 52-b of the civil rights law to define "digiti- zation" and creates a private right of action for unlawful dissemination or publication of such digitized intimate image.
2021-S6304 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6304 2021-2022 Regular Sessions I N S E N A T E April 21, 2021 ___________ Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the civil rights law, in relation to unlawful dissemination or publication of intimate images created by digitization THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 245.15 of the penal law, as added by chapter 109 of the laws of 2019, is amended and new subdivision 2-b is added to read as follows: 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, INCLUDING AN IMAGE CREATED BY DIGITIZATION, image of such other person, who is identifiable 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: (I) taken under circumstances when the person depicted had a reason- able 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[.]; OR (II) CREATED BY DIGITIZATION AND THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THE PERSON DEPICTED DID NOT CONSENT TO ITS CREATION. 2-B. FOR PURPOSES OF THIS SECTION "DIGITIZATION" MEANS TO REALIS- TICALLY DEPICT ANY OF THE FOLLOWING: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2021-S6304A - Details
- See Assembly Version of this Bill:
- A6862
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Amd §245.15, Pen L; amd §52-c, Civ Rts L
2021-S6304A - Sponsor Memo
BILL NUMBER: S6304A SPONSOR: HINCHEY TITLE OF BILL: An act to amend the penal law and the civil rights law, in relation to unlawful dissemination or publication of intimate images created by digitization and of sexually explicit depictions of an individual PURPOSE: This legislation will make it unlawful to disseminate or publicize inti- mate images created by digitization. SUMMARY OF PROVISIONS: Section 1 amends section 245.15 of the penal law to include images created by digitization. Section 2 amends section 52-c of the civil rights law to provide that a depicted person shall also have a cause of action when a person threat-
2021-S6304A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6304--A 2021-2022 Regular Sessions I N S E N A T E April 21, 2021 ___________ Introduced by Sen. HINCHEY -- 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 AN ACT to amend the penal law and the civil rights law, in relation to unlawful dissemination or publication of intimate images created by digitization and of sexually explicit depictions of an individual THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 245.15 of the penal law, as added by chapter 109 of the laws of 2019, is amended and new subdivision 2-b is added to read as follows: 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, INCLUDING AN IMAGE CREATED BY DIGITIZATION, image of such other person, who is identifiable 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: (I) taken under circumstances when the person depicted had a reason- able 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[.]; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10561-03-1
2021-S6304B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6862
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Amd §245.15, Pen L; amd §52-c, Civ Rts L
2021-S6304B (ACTIVE) - Summary
Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.
2021-S6304B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6304B SPONSOR: HINCHEY TITLE OF BILL: An act to amend the penal law and the civil rights law, in relation to unlawful dissemination or publication of intimate images created by digitization and of sexually explicit depictions of an individual PURPOSE: This legislation will make it unlawful to disseminate or publicize inti- mate images created by digitization. SUMMARY OF PROVISIONS: Section 1 amends section 245.15 of the penal law to include images created by digitization. Section 2 amends section 52-c of the civil rights law to provide that a depicted person shall also have a cause of action when a person threat- ens to disclose, disseminate or publish sexually explicit material
2021-S6304B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6304--B 2021-2022 Regular Sessions I N S E N A T E April 21, 2021 ___________ Introduced by Sen. HINCHEY -- 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 -- recommitted to the Committee on Codes in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law and the civil rights law, in relation to unlawful dissemination or publication of intimate images created by digitization and of sexually explicit depictions of an individual THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 245.15 of the penal law, as added by chapter 109 of the laws of 2019, is amended and a new subdivision 2-b is added to read as follows: 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, INCLUDING AN IMAGE CREATED BY DIGITIZATION, image of such other person, who is identifiable 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: (I) taken under circumstances when the person depicted had a reason- able 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[.]; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10561-07-1
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