NY State Senate Bill 2021-S4843

Archive: Last Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2021	recommit, enacting clause stricken
Feb 16, 2021	referred to codes

2021-S4843 (ACTIVE) - Details

See Assembly Version of this Bill:: A318
Law Section:: Penal Law
Laws Affected:: Add §§245.12 & 60.38, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7076, A10185
2023-2024: A319

2021-S4843 (ACTIVE) - Summary

Establishes the crime of unsolicited disclosure of an intimate image as a class B misdemeanor; requires sexual harassment prevention training.

2021-S4843 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4843

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
unsolicited disclosure of an intimate image

 
PURPOSE:

This legislation will make it unlawful to send unsolicited intimate
images punishable by fine and allow for judicial discretion to require
sexual harassment prevention classes

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 245.12 to the penal law which creates the
crime of unsolicited disclosure of an intimate image as a class B misde-
meanor. This section also defines the following terms: "intimate body
parts", "intimate image", "send by electronic device", and "sexual
activity".

Section 2 adds a new section 60.38 to the penal law which requires
anyone convicted of unsolicited disclosure of an intimate image, or
attempt thereof, to complete a sexual harassment prevention training
program as a condition of his or her sentence.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

In a 2017 Pew Research Center survey, nearly 53% of women and 37% of men
reported receiving explicit digital images they did not ask for.(1) A
study conducted by the dating app, Bumble, showed one in three women had
received nude photos from strangers that they did not want.  Women
received these images via text, social media, or the AirDrop function
while they were in public spaces.

In New York, in-person exposure of intimate body parts in a lewd manner
may violate a number of offenses listed in article 245 of the penal law
as an offense against public sensibilities. As technology has become an
ever-larger part of everyday life, what constitutes a crime in an
in-person setting must also constitute a crime in a digital setting. A
number of other states, including California, South Carolina, and Texas,
have already criminalized the unsolicited sharing of explicit sexual
material via digital platforms.

This bill will establish the crime of unsolicited disclosure of an inti-
mate image to create a measure of accountability and redress against
individuals who send unsolicited images. An individual convicted of this
crime may be subject to jail time and a fine and may also be court-ord-
ered to participate in sexual harassment training.

 
LEGISLATIVE HISTORY:

2019/20: S7076A/ A10185-A - Died in Codes Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
First of November after it shall have become law.
(1)Brooke Staggs, "New bill would make it illegal to send unsolicited
nude photos in California", OCR REGISTER, Jan. 12, 2020.

2021-S4843 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4843
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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.

                                                            LBD02072-01-1

 S. 4843                             2
 
 § 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 first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S4843

Sponsored By

Archive: Last Bill Status - Stricken

2021-S4843 (ACTIVE) - Details

2021-S4843 (ACTIVE) - Summary

2021-S4843 (ACTIVE) - Sponsor Memo

2021-S4843 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4843

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - Stricken

2021-S4843 (ACTIVE) - Details

2021-S4843 (ACTIVE) - Summary

2021-S4843 (ACTIVE) - Sponsor Memo

2021-S4843 (ACTIVE) - Bill Text download pdf

Comments