Senate Bill S7211B

2021-2022 Legislative Session

Creating the certain offenses and provisions related to the unlawful dissemination of a personal image; and creates a private right of action for such offenses

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Archive: Last Bill Status - Passed Senate & Assembly


  • 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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Votes

Bill Amendments

co-Sponsors

2021-S7211 - Details

See Assembly Version of this Bill:
A1121
Law Section:
Penal Law
Laws Affected:
Add §§250.70, 250.71 & 250.72, Pen L; add §52-d, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
A11093

2021-S7211 - Summary

Creates certain offenses and provisions related to the unlawful dissemination of a personal image; creates a private right of action for such offenses.

2021-S7211 - Sponsor Memo

2021-S7211 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7211
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by  Sens.  SAVINO, GRIFFO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law,  in  relation  to  creating  the  certain
   offenses  and  provisions  related  to the unlawful dissemination of a
   personal image; and to amend the civil  rights  law,  in  relation  to
   creating a private right of action for such offenses
 
   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  three  new  sections
 250.70, 250.71, and 250.72 to read as follows:
 § 250.70 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE; DEFINITIONS, APPLI-
            CATION.
   1. THE FOLLOWING DEFINITIONS SHALL APPLY TO SECTIONS 250.71 AND 250.72
 OF THIS ARTICLE:
   (A)  "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
 THE INTENT THAT IT BE VIEWED BY A PERSON;
   (B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER,  MAIL,  SEND,
 FORWARD,  TRANSFER  OR  TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
 PERSON;
   (C) "PUBLISH" MEANS TO: (I) DISSEMINATE, AS DEFINED IN  PARAGRAPH  (B)
 OF  THIS  SUBDIVISION,  WITH  THE  INTENT  THAT  SUCH IMAGE OR IMAGES BE
 DISSEMINATED TO TEN OR MORE PERSONS; (II) DISSEMINATE  WITH  THE  INTENT
 THAT  SUCH  IMAGES  BE  SOLD  BY  ANOTHER  PERSON;  (III) POST, PRESENT,
 DISPLAY, EXHIBIT, CIRCULATE, ADVERTISE OR ALLOWS ACCESS,  ELECTRONICALLY
 OR  OTHERWISE, SO AS TO MAKE AN IMAGE OR IMAGES AVAILABLE TO THE PUBLIC;
 OR (IV) DISSEMINATE WITH THE INTENT THAT AN IMAGE OR IMAGES  BE  POSTED,
 PRESENTED, DISPLAYED, EXHIBITED, CIRCULATED, ADVERTISED OR MADE ACCESSI-
 BLE, ELECTRONICALLY OR OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAIL-
 ABLE TO THE PUBLIC.
   2.  THE FOLLOWING PROVISIONS SHALL APPLY TO SECTIONS 250.71 AND 250.72
 OF THIS ARTICLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S7211A - Details

See Assembly Version of this Bill:
A1121
Law Section:
Penal Law
Laws Affected:
Add §§250.70, 250.71 & 250.72, Pen L; add §52-d, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
A11093

2021-S7211A - Summary

Creates certain offenses and provisions related to the unlawful dissemination of a personal image; creates a private right of action for such offenses.

2021-S7211A - Sponsor Memo

2021-S7211A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7211--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by  Sens.  SAVINO, GRIFFO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  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 creating the certain
   offenses and provisions related to the  unlawful  dissemination  of  a
   personal  image;  and  to  amend  the civil rights law, in relation to
   creating a private right of action for such offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Bianca's Law".
   §  2.  The  penal  law is amended by adding three new sections 250.70,
 250.71, and 250.72 to read as follows:
 § 250.70 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE; DEFINITIONS, APPLI-
            CATION.
   1. THE FOLLOWING DEFINITIONS SHALL APPLY TO SECTIONS 250.71 AND 250.72
 OF THIS ARTICLE:
   (A) "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE  WITH
 THE INTENT THAT IT BE VIEWED BY A PERSON;
   (B)  "DISSEMINATE"  MEANS TO GIVE, PROVIDE, LEND, DELIVER, MAIL, SEND,
 FORWARD, TRANSFER OR TRANSMIT, ELECTRONICALLY OR  OTHERWISE  TO  ANOTHER
 PERSON;
   (C)  "PUBLISH"  MEANS TO: (I) DISSEMINATE, AS DEFINED IN PARAGRAPH (B)
 OF THIS SUBDIVISION, WITH THE  INTENT  THAT  SUCH  IMAGE  OR  IMAGES  BE
 DISSEMINATED  TO  TEN  OR MORE PERSONS; (II) DISSEMINATE WITH THE INTENT
 THAT SUCH IMAGES  BE  SOLD  BY  ANOTHER  PERSON;  (III)  POST,  PRESENT,
 DISPLAY,  EXHIBIT, CIRCULATE, ADVERTISE OR ALLOWS ACCESS, ELECTRONICALLY
 OR OTHERWISE, SO AS TO MAKE AN IMAGE OR IMAGES AVAILABLE TO THE  PUBLIC;
 OR  (IV)  DISSEMINATE WITH THE INTENT THAT AN IMAGE OR IMAGES BE POSTED,
 PRESENTED, DISPLAYED, EXHIBITED, CIRCULATED, ADVERTISED OR MADE ACCESSI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02249-06-1
              

co-Sponsors

2021-S7211B (ACTIVE) - Details

See Assembly Version of this Bill:
A1121
Law Section:
Penal Law
Laws Affected:
Add §§250.70, 250.71 & 250.72, Pen L; add §52-d, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
A11093

2021-S7211B (ACTIVE) - Summary

Creates certain offenses and provisions related to the unlawful dissemination of a personal image; creates a private right of action for such offenses.

2021-S7211B (ACTIVE) - Sponsor Memo

2021-S7211B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7211--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by  Sens.  SAVINO, GRIFFO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  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 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  penal  law, in relation to creating the certain
   offenses and provisions related to the  unlawful  dissemination  of  a
   personal  image;  and  to  amend  the civil rights law, in relation to
   creating a private right of action for such offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as "Bianca and
 Caroline's Law".
   § 2. The penal law is amended by adding  three  new  sections  250.70,
 250.71, and 250.72 to read as follows:
 § 250.70 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE; DEFINITIONS, APPLI-
            CATION.
   1. THE FOLLOWING DEFINITIONS SHALL APPLY TO SECTIONS 250.71 AND 250.72
 OF THIS ARTICLE:
   (A)  "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
 THE INTENT THAT IT BE VIEWED BY A PERSON;
   (B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER,  MAIL,  SEND,
 FORWARD,  TRANSFER  OR  TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
 PERSON;
   (C) "PUBLISH" MEANS TO: (I) DISSEMINATE, AS DEFINED IN  PARAGRAPH  (B)
 OF  THIS  SUBDIVISION,  WITH  THE  INTENT  THAT  SUCH IMAGE OR IMAGES BE
 DISSEMINATED TO TEN OR MORE PERSONS; (II) DISSEMINATE  WITH  THE  INTENT
 THAT  SUCH  IMAGES  BE  SOLD  BY  ANOTHER  PERSON;  (III) POST, PRESENT,
 DISPLAY, EXHIBIT, CIRCULATE, ADVERTISE OR ALLOWS ACCESS,  ELECTRONICALLY
 OR  OTHERWISE, SO AS TO MAKE AN IMAGE OR IMAGES AVAILABLE TO THE PUBLIC;
 OR (IV) DISSEMINATE WITH THE INTENT THAT AN IMAGE OR IMAGES  BE  POSTED,
 PRESENTED, DISPLAYED, EXHIBITED, CIRCULATED, ADVERTISED OR MADE ACCESSI-
 
              

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