Senate Bill S4740A

2023-2024 Legislative Session

Relates to expanding the crime of public lewdness

download bill text pdf

Sponsored By

Current 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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Bill Amendments

2023-S4740 - Details

See Assembly Version of this Bill:
A319
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §245.00, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10185
2021-2022: S6420, A318

2023-S4740 - Summary

Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.

2023-S4740 - Sponsor Memo

2023-S4740 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4740
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  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
 "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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02077-01-3

co-Sponsors

2023-S4740A (ACTIVE) - Details

See Assembly Version of this Bill:
A319
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §245.00, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10185
2021-2022: S6420, A318

2023-S4740A (ACTIVE) - Summary

Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.

2023-S4740A (ACTIVE) - Sponsor Memo

2023-S4740A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4740--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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, in relation to the crime of public lewd-
   ness

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 245.00 of the penal law, as amended by chapter 748
 of the laws of 1968 and the opening paragraph as amended by chapter  373
 of the laws of 2015, is amended to read as follows:
 § 245.00 Public lewdness.
   A  person  is  guilty  of public lewdness when [he or she] THEY inten-
 tionally [exposes]:
   1. EXPOSE the private or intimate parts of [his or her] THEIR body  in
 a  lewd  manner  or [commits] COMMIT any other lewd act: (a) in a public
 place, or (b) (i) in private premises under circumstances in  which  [he
 or  she] THEY may readily be observed from either a public place or from
 other private premises, and with intent that [he  or  she]  THEY  be  so
 observed,  or  (ii)  while  trespassing, as defined in section 140.05 of
 this part, in a dwelling, as defined in  subdivision  three  of  section
 140.00  of  this  part, under circumstances in which [he or she is] THEY
 ARE observed by a lawful occupant[.]; OR
   2. ELECTRONICALLY TRANSMIT TO ONE OR  MORE  PERSONS  IN  OR  AROUND  A
 PUBLIC PLACE AN IMAGE DEPICTING EXPOSED PRIVATE OR INTIMATE PARTS, WITH-
 OUT THE CONSENT OF SUCH PERSON OR PERSONS.
   Public lewdness is a class B misdemeanor.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02077-03-3

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