A01185 Summary:

BILL NO    A01185 

SAME AS    SAME AS S00610

SPONSOR    Gunther (MS)

COSPNSR    

MLTSPNSR   Curran

Amd S250.40, add SS250.70 & 250.75, Pen L

Creates the crimes of unlawful dissemination of an intimate image in the first
and second degrees as a class E felony and class A misdemeanor, respectively.
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A01185 Actions:

BILL NO    A01185 

01/08/2015 referred to codes
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A01185 Votes:

There are no votes for this bill in this legislative session.
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A01185 Memo:

BILL NUMBER:A1185

TITLE OF BILL:

An act to amend the penal law, in relation to creating the crimes of
unlawful dissemination of an intimate image in the first and second
degrees

SUMMARY OF PROVISIONS:

Section 1 applies the existing definitions of "sexual or other
intimate parts" and "disseminate" to these two new crimes.

Section 2 creates the new crimes of Unlawful dissemination or an
intimate image in the second degree, a class A misdemeanor, committed
when one, with intent to harass, annoy or alarm, intentionally
disseminates an image of the sexual or other intimate parts of another
person without that person's explicit consent; and Unlawful
dissemination of an intimate image in the first degree, a class E
felony, committed when one commits the crime in the second degree and
has a previous conviction for the crime either in the first or second
degree.

Section 3 states nothing in this bill shall be construed to impose
liability on an interactive computer service for content provided by
another person.

Section 4 Effective date.

JUSTIFICATION:

For all the advantages that the internet provides, it also assists
individuals in perpetrating harm upon others. Social media allows for
the widespread dissemination of information and images, and websites
devoted to providing people with a means to perpetrate revenge upon
former spouses, girlfriends or boyfriends have been created.

New York law protects one from such conduct if they are unaware that
such images are being taken. Unfortunately, one may provide an
intimate image to another in the context of a relationship with the
expectation that such will be a private sharing. When the relationship
ends, the spurned partner has a means to humiliate the other by
sharing those intimate images with millions of strangers as well as
with the person's family, neighbors, friends, employer and co-workers.

This bill would protect everyone's intimate images from further
dissemination without his or her explicit consent for dissemination,
if such dissemination was done with the intent to harass, annoy or
alarm the subject of the image. It provides this protection regardless
of who photographed the image and prevents this new form of
cyber-bullying.

LEGISLATIVE HISTORY:

2013-14: A8204 Referred to Codes/S5946A Passed Senate

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

One hundred and eightieth day after it becomes law.
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A01185 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1185

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    January 8, 2015
                                      ___________

       Introduced  by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. CURRAN
         -- read once and referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to  creating  the  crimes  of
         unlawful  dissemination  of  an intimate image in the first and second
         degrees

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  section heading and the opening paragraph of section
    2  250.40 of the penal law, as added by chapter 69 of the laws of 2003, are
    3  amended to read as follows:
    4    Unlawful surveillance AND DISSEMINATION; definitions.
    5    The following definitions shall  apply  to  sections  250.45,  250.50,
    6  250.55 [and], 250.60, 250.70 AND 250.75 of this article:
    7    S  2.  The  penal law is amended by adding two new sections 250.70 and
    8  250.75 to read as follows:
    9  S 250.70 UNLAWFUL DISSEMINATION OF  AN  INTIMATE  IMAGE  IN  THE  SECOND
   10             DEGREE.
   11    A  PERSON  IS GUILTY OF UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN
   12  THE SECOND DEGREE WHEN, WITH INTENT TO HARASS, ANNOY  OR  ALARM  ANOTHER
   13  PERSON,  HE  OR SHE INTENTIONALLY DISSEMINATES AN IMAGE OR IMAGES OF THE
   14  SEXUAL OR OTHER  INTIMATE  PARTS  OF  ANOTHER  PERSON  WITHOUT  EXPLICIT
   15  CONSENT OF SUCH PERSON TO DISSEMINATE SUCH IMAGE.
   16    UNLAWFUL  DISSEMINATION OF AN INTIMATE IMAGE IN THE SECOND DEGREE IS A
   17  CLASS A MISDEMEANOR.
   18  S 250.75 UNLAWFUL DISSEMINATION  OF  AN  INTIMATE  IMAGE  IN  THE  FIRST
   19             DEGREE.
   20    A  PERSON  IS GUILTY OF UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN
   21  THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME  OF  UNLAWFUL  DISSEM-
   22  INATION  OF  AN  INTIMATE  IMAGE IN THE SECOND DEGREE AND HAS PREVIOUSLY
   23  BEEN CONVICTED WITHIN THE PAST TEN YEARS OF UNLAWFUL DISSEMINATION OF AN
   24  INTIMATE IMAGE IN THE FIRST OR SECOND DEGREE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02053-01-5
       A. 1185                             2

    1    UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE FIRST DEGREE  IS  A
    2  CLASS E FELONY.
    3    S  3. Nothing in this act shall be construed to impose liability on an
    4  interactive computer service for content provided by another person. The
    5  term "interactive  computer  service"  means  any  information  service,
    6  system,  or  access  software provider that provides or enables computer
    7  access by multiple users to a computer server, including specifically  a
    8  service  or system that provides access to the Internet and such systems
    9  operated or services offered by libraries or educational institutions.
   10    S 4. This act shall take effect on the one hundred eightieth day after
   11  it shall have become a law.
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