NY State Senate Bill 2021-S1641

Senate Bill S1641

2021-2022 Legislative Session

Establishes the crime of unlawful electronic transmission of sexually explicit visual material

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Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 14, 2021	referred to codes

co-Sponsors

2021-S1641 (ACTIVE) - Details

See Assembly Version of this Bill:: A6517
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §250.70, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S5949, A7801

2021-S1641 (ACTIVE) - Summary

Establishes the crime of unlawful electronic transmission of sexually explicit visual material; makes such crime a class A misdemeanor.

2021-S1641 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1641

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to the creation of the crimi-
nal offense of unlawful electronic transmission of sexually explicit
visual material

 
PURPOSE:

The purpose of this bill is to make it unlawful to send sexually explic-
it material through electronic means unless the material is sent at the
request of, or with the express consent of the recipient.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 250.70 to the penal law making it unlawful
to knowingly transmit by electronic means visual material that depicts
any person engaging in sexual conduct or with a person's intimate parts
exposed unless the material is sent at the request of, or with the

express consent of the recipient.

Section 2: Effective date.

 
JUSTIFICATION:

Currently under New York State law, indecent exposure in person is a
crime, but it is not unlawful to send sexually explicit photos to
nonconsenting adult recipients through electronic transmission. With the
growing modem age of online dating, many individuals are receiving sexu-
ally explicit visual content without their consent from strangers. No
person should be forced to view sexually explicit material without their
consent.

The bill offers a clear deterrent to those considering sending unsolic-
ited sexual pics and similar inappropriate conduct, and protects the
unwilling recipients who currently have no legal recourse for such
abuses.

What is illegal in the real world must be illegal in the digital
world,and this legislation is a first step in the right direction in
adding that accountability.

 
LEGISLATIVE HISTORY:

2020 - S5949 Referred to Codes

Assembly

2020 - A7801 Referred to Codes

 
FISCAL IMPLICATIONS:.

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2021-S1641 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1641
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  BENJAMIN,  KAMINSKY  --  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 the creation of the crimi-
   nal  offense  of unlawful electronic transmission of sexually explicit
   visual material

   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 250.70 to
 read as follows:
 § 250.70 UNLAWFUL ELECTRONIC TRANSMISSION OF  SEXUALLY  EXPLICIT  VISUAL
            MATERIAL.
   A  PERSON  IS  GUILTY  OF UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY
 EXPLICIT VISUAL MATERIAL IF A PERSON KNOWINGLY TRANSMITS  BY  ELECTRONIC
 MEANS VISUAL MATERIAL THAT DEPICTS ANY PERSON ENGAGING IN SEXUAL CONDUCT
 OR  WITH  A PERSON'S INTIMATE PARTS EXPOSED OR DEPICTS THE COVERED GENI-
 TALS OF A MALE PERSON THAT ARE IN A DISCERNIBLY TURGID  STATE  AND  SUCH
 VISUAL  MATERIAL  IS  NOT  SENT  AT  THE  REQUEST OF OR WITH THE EXPRESS
 CONSENT OF THE RECIPIENT. FOR PURPOSES OF THIS SECTION THE  TERM  "INTI-
 MATE  PARTS" MEANS THE NAKED GENITALS, PUBIC AREA, ANUS, OR FEMALE POST-
 PUBESCENT NIPPLE OF THE PERSON AND THE TERM "SEXUAL CONDUCT" SHALL  HAVE
 THE SAME MEANING AS DEFINED IN SECTION 130.00 OF THIS CHAPTER.
   UNLAWFUL  ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL
 IS A CLASS A MISDEMEANOR.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02752-01-1

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Senate Bill S1641

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Sponsored By

James Skoufis