senate Bill S6304B

2021-2022 Legislative Session

Prohibits unlawful dissemination or publication of intimate images created by digitization and of sexually explicit depictions of an individual

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 (10)
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.1072
Mar 24, 2022 print number 6304b
Mar 24, 2022 amend and recommit to codes
Jan 05, 2022 referred to codes
May 12, 2021 print number 6304a
May 12, 2021 amend (t) and recommit to codes
Apr 21, 2021 referred to codes

Votes

view votes

May 2, 2022 - Codes committee Vote

S6304B
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 2, 2022

aye wr (1)

S6304 - Details

See Assembly Version of this Bill:
A6862
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §245.15, Pen L; amd §52-c, Civ Rts L

S6304 - Summary

Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.

S6304 - Sponsor Memo

S6304 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6304
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and the civil rights law, in  relation  to
   unlawful  dissemination  or  publication of intimate images created by
   digitization

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 245.15 of the penal law, as added
 by chapter 109 of the laws of 2019, is amended and new  subdivision  2-b
 is added to read as follows:
   1.  A  person is guilty of unlawful dissemination or publication of an
 intimate image when:
   (a) with intent to cause harm to the emotional, financial or  physical
 welfare  of  another  person,  he  or  she intentionally disseminates or
 publishes a still or video, INCLUDING AN IMAGE CREATED BY  DIGITIZATION,
 image  of such other person, who is identifiable from the still or video
 image itself or from information displayed in connection with the  still
 or video image, without such other person's consent, which depicts:
   (i) an unclothed or exposed intimate part of such other person; or
   (ii) such other person engaging in sexual conduct as defined in subdi-
 vision ten of section 130.00 of this chapter with another person; and
   (b) such still or video image was:
   (I)  taken  under circumstances when the person depicted had a reason-
 able expectation that the image would remain private and the actor  knew
 or  reasonably  should  have  known the person depicted intended for the
 still or video image to remain private, regardless of whether the  actor
 was present when the still or video image was taken[.]; OR
   (II)  CREATED  BY DIGITIZATION AND THE ACTOR KNEW OR REASONABLY SHOULD
 HAVE KNOWN THE PERSON DEPICTED DID NOT CONSENT TO ITS CREATION.
   2-B. FOR PURPOSES OF THIS  SECTION  "DIGITIZATION"  MEANS  TO  REALIS-
 TICALLY DEPICT ANY OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S6304A - Details

See Assembly Version of this Bill:
A6862
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §245.15, Pen L; amd §52-c, Civ Rts L

S6304A - Summary

Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.

S6304A - Sponsor Memo

S6304A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6304--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the penal law and the civil rights law, in relation to
   unlawful dissemination or publication of intimate  images  created  by
   digitization and of sexually explicit depictions of an individual
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 245.15 of the penal law, as  added
 by  chapter  109 of the laws of 2019, is amended and new subdivision 2-b
 is added to read as follows:
   1. A person is guilty of unlawful dissemination or publication  of  an
 intimate image when:
   (a)  with intent to cause harm to the emotional, financial or physical
 welfare of another person,  he  or  she  intentionally  disseminates  or
 publishes  a still or video, INCLUDING AN IMAGE CREATED BY DIGITIZATION,
 image of such other person, who is identifiable from the still or  video
 image  itself or from information displayed in connection with the still
 or video image, without such other person's consent, which depicts:
   (i) an unclothed or exposed intimate part of such other person; or
   (ii) such other person engaging in sexual conduct as defined in subdi-
 vision ten of section 130.00 of this chapter with another person; and
   (b) such still or video image was:
   (I) taken under circumstances when the person depicted had  a  reason-
 able  expectation that the image would remain private and the actor knew
 or reasonably should have known the person  depicted  intended  for  the
 still  or video image to remain private, regardless of whether the actor
 was present when the still or video image was taken[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10561-03-1

S6304B (ACTIVE) - Details

See Assembly Version of this Bill:
A6862
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §245.15, Pen L; amd §52-c, Civ Rts L

S6304B (ACTIVE) - Summary

Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.

S6304B (ACTIVE) - Sponsor Memo

S6304B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6304--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be  committed  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 accord-
   ance 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 and the civil rights law, in  relation  to
   unlawful  dissemination  or  publication of intimate images created by
   digitization and of sexually explicit depictions of an individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 245.15 of the penal law, as added
 by chapter 109 of the laws of 2019, is amended and a new subdivision 2-b
 is added to read as follows:
   1. A person is guilty of unlawful dissemination or publication  of  an
 intimate image when:
   (a)  with intent to cause harm to the emotional, financial or physical
 welfare of another person,  he  or  she  intentionally  disseminates  or
 publishes  a still or video, INCLUDING AN IMAGE CREATED BY DIGITIZATION,
 image of such other person, who is identifiable from the still or  video
 image  itself or from information displayed in connection with the still
 or video image, without such other person's consent, which depicts:
   (i) an unclothed or exposed intimate part of such other person; or
   (ii) such other person engaging in sexual conduct as defined in subdi-
 vision ten of section 130.00 of this chapter with another person; and
   (b) such still or video image was:
   (I) taken under circumstances when the person depicted had  a  reason-
 able  expectation that the image would remain private and the actor knew
 or reasonably should have known the person  depicted  intended  for  the
 still  or video image to remain private, regardless of whether the actor
 was present when the still or video image was taken[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10561-07-1

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