- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A11188 Summary:
BILL NO | A11188A |
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SAME AS | SAME AS S09019-A |
  | |
SPONSOR | Rules (Braunstein) |
  | |
COSPNSR | Gunther, Weprin, Paulin |
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MLTSPNSR | |
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Add §245.15, Pen L; amd §530.11, CP L; amd §812, Fam Ct Act; add §52-b, Civ Rts L | |
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Establishes the crime of unlawful dissemination or publication of an intimate image and creates a private right of action for such crime. |
A11188 Actions:
BILL NO | A11188A | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/13/2018 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2018 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2018 | amend (t) and recommit to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2018 | print number 11188a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | rules report cal.268 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | ordered to third reading rules cal.268 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | REFERRED TO RULES |
A11188 Committee Votes:
Lentol | Aye | Curran | Aye | ||||||
Schimminger | Aye | Giglio | Aye | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Cook | Aye | Morinello | Aye | ||||||
Cymbrowitz | Aye | Palumbo | Aye | ||||||
Titus | Absent | Garbarino | Aye | ||||||
O'Donnell | Absent | ||||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Aye | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Hevesi | Aye | ||||||||
Fahy | Aye | ||||||||
Seawright | Aye | ||||||||
Heastie | Aye | Kolb | Aye | ||||||
Gottfried | Aye | Oaks | Aye | ||||||
Lentol | Aye | Butler | Aye | ||||||
Gantt | Excused | Crouch | Aye | ||||||
Nolan | Aye | Finch | Aye | ||||||
Weinstein | Aye | Barclay | Aye | ||||||
Hooper | Aye | Raia | Aye | ||||||
Ortiz | Aye | Hawley | Aye | ||||||
Pretlow | Aye | ||||||||
Cook | Aye | ||||||||
Glick | Aye | ||||||||
Morelle | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Galef | Aye | ||||||||
Paulin | Aye | ||||||||
Titus | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Go to top
A11188 Floor Votes:
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Montesano
Yes
Richardson
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
Yes
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
A11188 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 11188--A IN ASSEMBLY June 13, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Braunstein, Gunther) -- read once and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the penal law, the criminal procedure law, the family court act and the civil rights law, in relation to establishing the crime of unlawful dissemination or publication of an intimate image The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 245.15 to 2 read as follows: 3 § 245.15 Unlawful dissemination or publication of an intimate image. 4 1. A person is guilty of unlawful dissemination or publication of an 5 intimate image when: 6 (a) with intent to cause material harm to the emotional, financial or 7 physical welfare of another person, he or she intentionally disseminates 8 or publishes a still or video image of such other person, who is iden- 9 tifiable from the still or video image itself or from information 10 displayed in connection with the still or video image, without such 11 other person's consent, which depicts: 12 (i) an unclothed or exposed intimate part of such other person; or 13 (ii) such other person engaging in sexual conduct as defined in subdi- 14 vision ten of section 130.00 of this chapter with another person; and 15 (b) such still or video image was taken under circumstances when the 16 person depicted had a reasonable expectation of privacy and the actor 17 knew or reasonably should have known the person depicted intended for 18 the still or video image to remain private indefinitely, regardless of 19 whether the actor was present when the still or video image was taken. 20 2. For purposes of this section "intimate part" means the naked geni- 21 tals, pubic area, anus or female nipple of the person. 22 2-a. For purposes of this section "disseminate" and "publish" shall 23 have the same meaning as defined in section 250.40 of this title. 24 3. This section shall not apply to the following: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16264-08-8A. 11188--A 2 1 (a) the reporting of unlawful conduct; 2 (b) dissemination or publication of an intimate image made during 3 lawful and common practices of law enforcement, legal proceedings or 4 medical treatment; 5 (c) images involving voluntary exposure in a commercial setting; 6 (d) dissemination or publication of an intimate image made for a 7 legitimate public purpose; 8 (e) providers of an interactive computer service for images provided 9 by another person. For purposes of this subdivision, "interactive 10 computer service" shall mean: any information service, system or access 11 software provider that provides or enables computer access by multiple 12 users to a computer server, including specifically a service or system 13 that provides access to the internet and such systems operated or 14 services offered by libraries or educational institutions. 15 Unlawful dissemination or publication of an intimate image is a class 16 A misdemeanor. 17 § 2. The opening paragraph of subdivision 1 of section 530.11 of the 18 criminal procedure law, as amended by section 4 of part NN of chapter 55 19 of the laws of 2018, is amended to read as follows: 20 The family court and the criminal courts shall have concurrent juris- 21 diction over any proceeding concerning acts which would constitute 22 disorderly conduct, unlawful dissemination or publication of an intimate 23 image, harassment in the first degree, harassment in the second degree, 24 aggravated harassment in the second degree, sexual misconduct, forcible 25 touching, sexual abuse in the third degree, sexual abuse in the second 26 degree as set forth in subdivision one of section 130.60 of the penal 27 law, stalking in the first degree, stalking in the second degree, stalk- 28 ing in the third degree, stalking in the fourth degree, criminal 29 mischief, menacing in the second degree, menacing in the third degree, 30 reckless endangerment, strangulation in the first degree, strangulation 31 in the second degree, criminal obstruction of breathing or blood circu- 32 lation, assault in the second degree, assault in the third degree, an 33 attempted assault, identity theft in the first degree, identity theft in 34 the second degree, identity theft in the third degree, grand larceny in 35 the fourth degree, grand larceny in the third degree, coercion in the 36 second degree or coercion in the third degree as set forth in subdivi- 37 sions one, two and three of section 135.60 of the penal law between 38 spouses or former spouses, or between parent and child or between 39 members of the same family or household except that if the respondent 40 would not be criminally responsible by reason of age pursuant to section 41 30.00 of the penal law, then the family court shall have exclusive 42 jurisdiction over such proceeding. Notwithstanding a complainant's 43 election to proceed in family court, the criminal court shall not be 44 divested of jurisdiction to hear a family offense proceeding pursuant to 45 this section. For purposes of this section, "disorderly conduct" 46 includes disorderly conduct not in a public place. For purposes of this 47 section, "members of the same family or household" with respect to a 48 proceeding in the criminal courts shall mean the following: 49 § 3. The opening paragraph of subdivision 1 of section 812 of the 50 family court act, as amended by section 5 of part NN of chapter 55 of 51 the laws of 2018, is amended to read as follows: 52 The family court and the criminal courts shall have concurrent juris- 53 diction over any proceeding concerning acts which would constitute 54 disorderly conduct, unlawful dissemination or publication of an intimate 55 image, harassment in the first degree, harassment in the second degree, 56 aggravated harassment in the second degree, sexual misconduct, forcibleA. 11188--A 3 1 touching, sexual abuse in the third degree, sexual abuse in the second 2 degree as set forth in subdivision one of section 130.60 of the penal 3 law, stalking in the first degree, stalking in the second degree, stalk- 4 ing in the third degree, stalking in the fourth degree, criminal 5 mischief, menacing in the second degree, menacing in the third degree, 6 reckless endangerment, criminal obstruction of breathing or blood circu- 7 lation, strangulation in the second degree, strangulation in the first 8 degree, assault in the second degree, assault in the third degree, an 9 attempted assault, identity theft in the first degree, identity theft in 10 the second degree, identity theft in the third degree, grand larceny in 11 the fourth degree, grand larceny in the third degree, coercion in the 12 second degree or coercion in the third degree as set forth in subdivi- 13 sions one, two and three of section 135.60 of the penal law between 14 spouses or former spouses, or between parent and child or between 15 members of the same family or household except that if the respondent 16 would not be criminally responsible by reason of age pursuant to section 17 30.00 of the penal law, then the family court shall have exclusive 18 jurisdiction over such proceeding. Notwithstanding a complainant's 19 election to proceed in family court, the criminal court shall not be 20 divested of jurisdiction to hear a family offense proceeding pursuant to 21 this section. In any proceeding pursuant to this article, a court shall 22 not deny an order of protection, or dismiss a petition, solely on the 23 basis that the acts or events alleged are not relatively contemporaneous 24 with the date of the petition, the conclusion of the fact-finding or the 25 conclusion of the dispositional hearing. For purposes of this article, 26 "disorderly conduct" includes disorderly conduct not in a public place. 27 For purposes of this article, "members of the same family or household" 28 shall mean the following: 29 § 4. The civil rights law is amended by adding a new section 52-b to 30 read as follows: 31 § 52-b. Private right of action for unlawful dissemination or publica- 32 tion of an intimate image. 1. a. Any website or internet service provid- 33 er that hosts or transmits a still or video image, viewable in this 34 state, taken under circumstances where the person depicted had a reason- 35 able expectation of privacy, which depicts: 36 (i) an unclothed or exposed intimate part, as defined in section 37 245.15 of the penal law, of a resident of this state; or 38 (ii) a resident of this state engaging in sexual conduct as defined in 39 subdivision ten of section 130.00 of the penal law with another person; 40 and 41 b. Such still or video image is hosted or transmitted without the 42 consent of such resident of this state, shall be subject to personal 43 jurisdiction in a civil action in this state to the maximum extent 44 permitted under the United States constitution and federal law. 45 2. Regardless of whether or not the original still or video image was 46 consensually obtained, a person depicted in a still or video image shall 47 have a cause of action against an individual who, for the purpose of 48 harassing, annoying or alarming such person, disseminated or published, 49 or threatened to disseminate or publish, such still or video image, 50 where such image: 51 a. was taken when such person had a reasonable expectation of privacy; 52 and 53 b. depicts (i) an unclothed or exposed intimate part of such person; 54 or (ii) such person engaging in sexual conduct, as defined in subdivi- 55 sion ten of section 130.00 of the penal law, with another person; andA. 11188--A 4 1 c. was disseminated or published, or threatened to be disseminated or 2 published, without the consent of such person. 3 3. In any action commenced pursuant to subdivision two of this 4 section, the finder of fact, in its discretion, may award injunctive 5 relief, punitive damages, compensatory damages and reasonable court 6 costs and attorney's fees. 7 4. This section shall not apply to the following: 8 a. the reporting of unlawful conduct; 9 b. dissemination or publication of an intimate still or video image 10 made during lawful and common practices of law enforcement, legal 11 proceedings or medical treatment; 12 c. images involving voluntary exposure in a commercial setting; or 13 d. dissemination or publication of an intimate still or video image 14 made for a legitimate public purpose. 15 5. Any person depicted in a still or video image that depicts an 16 unclothed or exposed intimate part of such person, or such person engag- 17 ing in sexual conduct as defined in subdivision ten of section 130.00 of 18 the penal law with another person, which is disseminated or published 19 without the consent of such person and where such person had a reason- 20 able expectation of privacy, may maintain an action or special proceed- 21 ing for a court order to require any website or internet service provid- 22 er that is subject to personal jurisdiction under subdivision one of 23 this section to permanently remove such still or video image. 24 6. A cause of action or special proceeding under this section shall be 25 commenced the later of either: 26 a. three years after the dissemination or publication of an image; or 27 b. one year from the date a person discovers, or reasonably should 28 have discovered, the dissemination or publication of such image. 29 7. Nothing herein shall be read to require a prior criminal complaint, 30 prosecution or conviction to establish the elements of the cause of 31 action provided for by this section. 32 8. The provisions of this section are in addition to, but shall not 33 supersede, any other rights or remedies available in law or equity. 34 9. If any provision of this section or its application to any person 35 or circumstance is held invalid, the invalidity shall not affect other 36 provisions or applications of this section which can be given effect 37 without the invalid provision or application, and to this end the 38 provisions of this section are severable. 39 § 5. This act shall take effect on the sixtieth day after it shall 40 have become a law; provided, however, that: 41 (a) if section 4 of part NN of chapter 55 of the laws of 2018 shall 42 not have taken effect on or before such effective date, then section two 43 of this act shall take effect on the same date and in the same manner as 44 such section of such chapter of the laws of 2018, takes effect; and 45 (b) if section 5 of part NN of chapter 55 of the laws of 2018 shall 46 not have taken effect on or before such effective date, then section 47 three of this act shall take effect on the same date and in the same 48 manner as such section of such chapter of the laws of 2018, takes 49 effect.