S00463 Summary:

BILL NO    S00463 

SAME AS    SAME AS A01203

SPONSOR    STAVISKY

COSPNSR    

MLTSPNSR   

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:

BILL NO    S00463 

01/09/2013 REFERRED TO CHILDREN AND FAMILIES
01/08/2014 REFERRED TO CHILDREN AND FAMILIES
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S00463 Votes:

There are no votes for this bill in this legislative session.
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S00463 Text:

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

                                          463

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    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
         images

         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.
                                                                  LBD00423-01-3
       S. 463                              2

    1  DISTRIBUTION  OF  INFORMATION  THROUGH EDUCATORS, MENTORS, AND COMMUNITY
    2  MEMBERS.
    3    S 2. The penal law is amended by adding a new section 40.20 to read as
    4  follows:
    5  S 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    S  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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