senate Bill S6420A

2021-2022 Legislative Session

Relates to establishing the offense of unsolicited disclosure of an intimate image

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (8)
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.1073
Mar 04, 2022 print number 6420a
Mar 04, 2022 amend (t) and recommit to codes
Jan 05, 2022 referred to codes
Apr 27, 2021 referred to codes

Votes

view votes

May 2, 2022 - Codes committee Vote

S6420A
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S6420 - Details

See Assembly Version of this Bill:
A318
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §§245.12 & 60.38, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A10185

S6420 - Summary

Establishes the offense of unsolicited disclosure of an intimate image as a violation; requires sexual harassment prevention training for individuals convicted of such offense.

S6420 - Sponsor Memo

S6420 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6420
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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.

Co-Sponsors

S6420A (ACTIVE) - Details

See Assembly Version of this Bill:
A318
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §§245.12 & 60.38, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A10185

S6420A (ACTIVE) - Summary

Establishes the offense of unsolicited disclosure of an intimate image as a violation; requires sexual harassment prevention training for individuals convicted of such offense.

S6420A (ACTIVE) - Sponsor Memo

S6420A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6420--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance 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, in relation to establishing the offense
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02072-09-2

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