S00463 Summary:

Amd S501, Exec L; add S40.20, Pen L
Relates to educating children on the harms of electronically sending and posting certain images of themselves.
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S00463 Actions:

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S00463 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                     January 9, 2013
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families
        AN ACT to amend the executive law and the  penal  law,  in  relation  to
          educating  children  on  the electronic sending and posting of certain

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  16  of  section 501 of the executive law, as
     2  renumbered by chapter 170 of the laws of 1994, is renumbered subdivision
     3  17 and a new subdivision 16 is added to read as follows:
     4    16. To establish an educational outreach  program  for  text  message,
     5  email  and internet posting awareness by providing for an ongoing public
     6  information and educational campaign about the harm that may arise  from
     7  adolescents  sending, receiving or posting on the internet messages that
     8  may include, but are not limited to,  provocative  or  nude  images  and
     9  photographs of themselves.
    10    (a)  Such program shall be designed to promote (i) increased awareness

    11  of the potential long-term harm to privacy interests associated with the
    12  sending, receiving or posting of such images and photographs;  and  (ii)
    13  coordination of public and private efforts, including but not limited to
    14  efforts  of  educators,  community  organizations  and  other groups, to
    15  provide educational outreach programs to adolescents and  their  parents
    16  and caregivers, emphasizing such potential long-term harm.
    17    (b)  The  following  strategies,  among others, may be used to promote
    18  awareness of the potential long-term harm to adolescents' privacy inter-
    19  ests by the sending, receiving or posting  of  such  images  and  photo-
    20  graphs:  (i)  outreach campaigns by means of print, radio and television

    21  public service announcements, advertisements, posters, internet postings
    22  and other materials; (ii)  community  informational  forums;  and  (iii)
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 463                              2
     1  distribution  of  information  through educators, mentors, and community
     2  members.
     3    § 2. The penal law is amended by adding a new section 40.20 to read as
     4  follows:
     5  § 40.20 Certain acts by a young person.
     6    In  any  prosecution  pursuant  to section 235.21 or 235.22 or section

     7  263.10, 263.11, 263.15 or 263.16 of this chapter, it is  an  affirmative
     8  defense  that  the  defendant was less than eighteen years old, and that
     9  there is a less than four years age difference between the defendant and
    10  the recipient at the time of the act, and the depiction  or  description
    11  was  not obtained in violation of section 250.45 or 250.50 of this chap-
    12  ter, and both the defendant and the  recipient  expressly  or  impliedly
    13  acquiesced in the conduct, and the defendant did not intend to or profit
    14  from such conduct.
    15    §  3.  This act shall take effect immediately; provided, however, that
    16  section one of this act shall take effect on the ninetieth day after  it
    17  shall have become a law.
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