A01185 Summary:

BILL NO    A01185 

SAME AS    
SAME AS S00610

SPONSOR    Gunther

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
01/06/2016 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:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1185
 
SPONSOR: Gunther (MS)
  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 inti- mate 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 inti- mate 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 indi- viduals 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 dissem- ination 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1185
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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    §  2.  The  penal law is amended by adding two new sections 250.70 and
     8  250.75 to read as follows:
     9  § 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  § 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    §  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    § 4. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.
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