A08311 Summary:

BILL NO    A08311 

SAME AS    No same as 

SPONSOR    Katz

COSPNSR    Tenney, Skoufis, Graf

MLTSPNSR   Giglio

Add SS240.27, 240.28 & 240.29, Pen L

Relates to establishing the crimes of revenge exposure in the third degree,
revenge exposure in the second degree and revenge exposure in the first degree.
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A08311 Actions:

BILL NO    A08311 

12/06/2013 referred to codes
01/08/2014 referred to codes
04/07/2014 held for consideration in codes
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A08311 Text:

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

                                         8311

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   December 6, 2013
                                      ___________

       Introduced  by  M. of A. KATZ -- read once and referred to the Committee
         on Codes

       AN ACT to amend the penal law, in relation to establishing the crimes of
         revenge exposure in the third degree, revenge exposure in  the  second
         degree and revenge exposure in the first degree

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

    1    Section 1. This act shall be known and may  be  cited  as  the  "state
    2  legislation for inappropriate exposure (SLFIE) act".
    3    S  2.  The penal law is amended by adding a new section 240.27 to read
    4  as follows:
    5  S 240.27 REVENGE EXPOSURE IN THE THIRD DEGREE.
    6    A PERSON IS GUILTY OF REVENGE EXPOSURE IN THE THIRD DEGREE WHEN HE  OR
    7  SHE  KNOWINGLY  DISSEMINATES,  OR  KNOWINGLY CAUSES TO BE DISSEMINATED A
    8  PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING, OR ANY OTHER REPRODUCTION OF  AN
    9  IMAGE  THAT  DEPICTS  NUDITY OR ACTIONS OF A SEXUALLY EXPLICIT NATURE OF
   10  ANOTHER IDENTIFIABLE PERSON OVER THE AGE OF EIGHTEEN WITHOUT THE CONSENT
   11  OF THE DEPICTED INDIVIDUAL AND UNDER CIRCUMSTANCES IN WHICH THE INDIVID-
   12  UAL HAS A REASONABLE EXPECTATION OF PRIVACY.
   13    WHERE THE INDIVIDUAL DEPICTED IS UNDER THE AGE  OF  EIGHTEEN,  ARTICLE
   14  TWO HUNDRED SIXTY-THREE OF THIS PART WILL APPLY.
   15    WHERE  A PERSON WRONGFULLY TAKES, OBTAINS OR WITHHOLDS A PHOTOGRAPH OR
   16  VIDEO THAT DEPICTS NUDITY OR ACTIONS OF A SEXUALLY  EXPLICIT  NATURE  OF
   17  ANOTHER  IDENTIFIABLE  PERSON  OVER  THE  AGE  OF  EIGHTEEN, ARTICLE ONE
   18  HUNDRED FIFTY-FIVE OF THIS PART WILL ALSO APPLY.
   19    REVENGE EXPOSURE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   20    S 3. The penal law is amended by adding a new section 240.28  to  read
   21  as follows:
   22  S 240.28 REVENGE EXPOSURE IN THE SECOND DEGREE.
   23    A PERSON IS GUILTY OF REVENGE EXPOSURE IN THE SECOND DEGREE WHEN HE OR
   24  SHE  KNOWINGLY  DISSEMINATES, OR KNOWINGLY CAUSES TO BE DISSEMINATED, OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11840-06-3
       A. 8311                             2

    1  KNOWINGLY DISSEMINATES TO A THIRD PERSON WHO  KNOWINGLY  DISSEMINATES  A
    2  PHOTOGRAPH,  FILM, VIDEOTAPE, RECORDING, OR ANY OTHER REPRODUCTION OF AN
    3  IMAGE THAT DEPICTS NUDITY OR ACTIONS OF A SEXUALLY  EXPLICIT  NATURE  OF
    4  ANOTHER IDENTIFIABLE PERSON OVER THE AGE OF EIGHTEEN WITHOUT THE CONSENT
    5  OF  THE DEPICTED INDIVIDUAL, UNDER CIRCUMSTANCES IN WHICH THE INDIVIDUAL
    6  HAS A REASONABLE EXPECTATION OF PRIVACY, AND WITH THE INTENT TO EITHER:
    7    1. CAUSE SERIOUS EMOTIONAL DISTRESS; OR
    8    2. OBTAIN A PROFIT.
    9    WHERE THE INDIVIDUAL DEPICTED IS UNDER THE AGE  OF  EIGHTEEN,  ARTICLE
   10  TWO HUNDRED SIXTY-THREE OF THIS PART WILL APPLY.
   11    WHERE  A PERSON WRONGFULLY TAKES, OBTAINS OR WITHHOLDS A PHOTOGRAPH OR
   12  VIDEO THAT DEPICTS NUDITY OR ACTIONS OF A SEXUALLY  EXPLICIT  NATURE  OF
   13  ANOTHER  IDENTIFIABLE  PERSON  OVER  THE  AGE  OF  EIGHTEEN, ARTICLE ONE
   14  HUNDRED FIFTY-FIVE OF THIS PART WILL ALSO APPLY.
   15    REVENGE EXPOSURE IN THE SECOND DEGREE IS A CLASS E FELONY.
   16    S 4. The penal law is amended by adding a new section 240.29  to  read
   17  as follows:
   18  S 240.29 REVENGE EXPOSURE IN THE FIRST DEGREE.
   19    A PERSON IS GUILTY OF REVENGE EXPOSURE IN THE FIRST DEGREE WHEN:
   20    1.  HE  OR  SHE  COMMITS  THE  CRIME OF REVENGE EXPOSURE IN THE SECOND
   21  DEGREE IN VIOLATION OF SECTION 240.28 OF THIS ARTICLE, AND HAS PREVIOUS-
   22  LY BEEN CONVICTED OF THAT CRIME; OR
   23    2. HE OR SHE COMMITS THE CRIME OF REVENGE EXPOSURE IN THE THIRD DEGREE
   24  IN VIOLATION OF SECTION 240.27 OF THIS ARTICLE OR  REVENGE  EXPOSURE  IN
   25  THE  SECOND  DEGREE  IN  VIOLATION OF SECTION 240.28 OF THIS ARTICLE AND
   26  RECEIVES OR OBTAINS THE PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING,  OR  ANY
   27  OTHER REPRODUCTION OF AN IMAGE WITHOUT THE CONSENT OF THE INDIVIDUAL WHO
   28  HAS  FIRST  POSSESSION OF THE PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING, OR
   29  ANY OTHER REPRODUCTION.
   30    REVENGE EXPOSURE IN THE FIRST DEGREE IS A CLASS D FELONY.
   31    S 5. This act shall take effect on the first of November next succeed-
   32  ing the date on which it shall have become a law.
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