The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  318--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN, SEAWRIGHT, DINOWITZ, DICKENS, GALEF,
   ENGLEBRIGHT, GUNTHER, GRIFFIN, BRONSON, BUTTENSCHON, FERNANDEZ, SIMON,
   LAWLER -- Multi-Sponsored by -- M. of  A.  HEVESI  --  read  once  and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02072-05-1

 A. 318--A                           2
 
 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:
 § 60.38 AUTHORIZED  DISPOSITION;  UNSOLICITED  DISCLOSURE OF AN INTIMATE
           IMAGE.
   WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 245.12  OF
 THIS  CHAPTER, OR OF AN ATTEMPT TO COMMIT SUCH OFFENSE, THE COURT SHALL,
 WHERE APPROPRIATE, INCLUDE AS A CONDITION OF SUCH SENTENCE  THE  DEFEND-
 ANT'S  SUCCESSFUL  COMPLETION OF A SEXUAL HARASSMENT PREVENTION TRAINING
 PROGRAM APPROVED BY THE DIVISION OF HUMAN RIGHTS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  318--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN, SEAWRIGHT, DINOWITZ, DICKENS, GALEF,
   ENGLEBRIGHT, GUNTHER, GRIFFIN, BRONSON, BUTTENSCHON, FERNANDEZ, SIMON,
   LAWLER, ROZIC, WILLIAMS, BURGOS, NIOU, BARNWELL,  ZINERMAN  --  Multi-
   Sponsored  by  --  M.    of A. HEVESI -- read once and referred 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 accordance with Assembly Rule 3,  sec.  2
   --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02072-08-2
 A. 318--B                           2
 
 "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 VIOLATION.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 AUTHORIZED  DISPOSITION;  UNSOLICITED  DISCLOSURE OF AN INTIMATE
           IMAGE.
   WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 245.12  OF
 THIS  CHAPTER, OR OF AN ATTEMPT TO COMMIT SUCH OFFENSE, THE COURT SHALL,
 WHERE APPROPRIATE, INCLUDE AS A CONDITION OF SUCH SENTENCE  THE  DEFEND-
 ANT'S  SUCCESSFUL  COMPLETION OF A SEXUAL HARASSMENT PREVENTION TRAINING
 PROGRAM APPROVED BY THE DIVISION OF HUMAN RIGHTS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.