Assembly Bill A4476

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4476
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to elder abuse through social
   media
 
   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 260.40  to
 read as follows:
 §  260.40  UNLAWFUL  POSTING  OF  A  VULNERABLE ELDERLY PERSON ON SOCIAL
            MEDIA.
   A PERSON IS GUILTY OF UNLAWFUL POSTING OF A VULNERABLE ELDERLY  PERSON
 ON  SOCIAL  MEDIA WHEN, BEING A CAREGIVER WHILE PERFORMING THEIR DUTY OF
 CARE FOR A VULNERABLE ELDERLY PERSON, SUCH  PERSON  POSTS  AN  IMAGE  OR
 VIDEO  OF SUCH ELDERLY PERSON ON SOCIAL MEDIA INCLUDING, BUT NOT LIMITED
 TO FACEBOOK, YOUTUBE, TWITTER, INSTAGRAM, SNAPCHAT, TUMBLR  AND  FLICKR,
 WITHOUT SUCH PERSON'S CONSENT.
   1. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS SECTION:
   (A) "FORCIBLE COMPULSION" MEANS TO COMPEL BY EITHER:
   (I) USE OF PHYSICAL FORCE; OR
   (II)  A  THREAT,  EXPRESS OR IMPLIED, WHICH PLACES A PERSON IN FEAR OF
 IMMEDIATE DEATH OR PHYSICAL INJURY TO THEMSELF OR ANOTHER PERSON, OR  IN
 FEAR THAT THEY OR ANOTHER PERSON WILL IMMEDIATELY BE KIDNAPPED.
   (B)  "PHYSICAL HELPLESSNESS" MEANS THAT A PERSON IS UNCONSCIOUS OR FOR
 ANY OTHER REASON IS PHYSICALLY UNABLE TO COMMUNICATE UNWILLINGNESS TO AN
 ACT.
   (C) "MENTAL INCAPACITY" MEANS AN INDIVIDUAL DOES  NOT  COMPREHEND  THE
 NATURE AND CONSEQUENCES OF WHAT THEY CONSENT TO.
   (D)  "MENTAL  DISABILITY"  MEANS  THAT  A PERSON SUFFERS FROM A MENTAL
 DISEASE OR DEFECT WHICH RENDERS THEM INCAPABLE OF INFORMED CONSENT.
   (E) "CAREGIVER" MEANS A PERSON WHO (I) ASSUMES RESPONSIBILITY FOR  THE
 CARE  OF  A  VULNERABLE  ELDERLY  PERSON PURSUANT TO A COURT ORDER; (II)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06753-01-5
              

 A. 4476                             2
 
 RECEIVES MONETARY OR OTHER VALUABLE CONSIDERATION FOR PROVIDING CARE FOR
 A VULNERABLE ELDERLY PERSON; (III) IS IDENTIFIED AS  A  CAREGIVER  BY  A
 PATIENT  UNDER  THE PUBLIC HEALTH LAW WHO PROVIDES AFTER-CARE ASSISTANCE
 TO  A PATIENT LIVING IN THEIR RESIDENCE INCLUDING, BUT NOT LIMITED TO, A
 RELATIVE, PARTNER, FRIEND OR NEIGHBOR WHO HAS A SIGNIFICANT RELATIONSHIP
 WITH THE PATIENT; OR (IV) IS AN INFORMAL  CAREGIVER  SUCH  AS  A  FAMILY
 MEMBER,  FRIEND, NEIGHBOR, OR OTHER NATURAL PERSON WHO NORMALLY PROVIDES
 THE DAILY CARE OR SUPERVISION OF A VULNERABLE ELDERLY  PERSON  WHO  MAY,
 BUT  NEED  NOT  RESIDE  IN  THE SAME HOUSEHOLD AS THE VULNERABLE ELDERLY
 PERSON.
   (F) "VULNERABLE ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF  AGE  OR
 OLDER  WHO  IS  SUFFERING  FROM  A  DISEASE OR INFIRMITY ASSOCIATED WITH
 ADVANCED  AGE  AND  MANIFESTED  BY  DEMONSTRABLE  PHYSICAL,  MENTAL   OR
 EMOTIONAL  DYSFUNCTION  TO  THE  EXTENT  THAT THE PERSON IS INCAPABLE OF
 ADEQUATELY PROVIDING FOR THEIR OWN HEALTH OR PERSONAL CARE.
   2. LACK OF CONSENT UNDER THIS SECTION RESULTS FROM:
   (A) FORCIBLE COMPULSION;
   (B) PHYSICAL HELPLESSNESS;
   (C) MENTAL INCAPACITY;
   (D) MENTAL DISABILITY; OR
   (E) ANY CIRCUMSTANCE  IN  WHICH  THE  VICTIM  DOES  NOT  EXPRESSLY  OR
 IMPLIEDLY ACQUIESCE IN THE ACTOR'S CONDUCT.
   UNLAWFUL  POSTING  OF A VULNERABLE ELDERLY PERSON ON SOCIAL MEDIA 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.