STATE OF NEW YORK
________________________________________________________________________
3057
2009-2010 Regular Sessions
IN ASSEMBLY
January 22, 2009
___________
Introduced by M. of A. BENJAMIN, WALKER, ALFANO, BARRA -- Multi-Spon-
sored by -- M. of A. HOOPER, MILLER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to criminal use of a mobile
camera telephone
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 article 243 to
2 read as follows:
3 ARTICLE 243
4 OFFENSES INVOLVING MOBILE CAMERA TELEPHONES
5 Section 243.00 Offenses involving mobile camera telephones; definition
6 of terms.
7 243.10 Criminal use of a mobile camera telephone.
8 243.20 Offenses involving mobile camera telephones; defenses.
9 § 243.00 Offenses involving mobile camera telephones; definition of
10 terms.
11 The following definitions are applicable to this chapter except where
12 different meanings are expressly specified:
13 1. "Mobile camera telephone" means a single unit or any combination of
14 electronic equipment with immediate photograph taking and transmitting
15 capability.
16 2. "Personal privacy" means the realm of human physical space or
17 interaction with another that the disclosure or display of which would
18 cause embarrassment or emotional distress to a reasonable person of
19 ordinary sensitivity.
20 3. "Pornography" means an image or material depicting acts of sexual
21 intercourse or acts of sexual perversion.
22 4. "Transmit" means to disseminate by any means, whether commercial or
23 personal, to one or more locations.
24 § 243.10 Criminal use of a mobile camera telephone.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05569-01-9
A. 3057 2
1 A person is guilty of criminal use of a mobile camera telephone when,
2 with intent to intrude or invade upon another's personal privacy for
3 pornographic purposes, such person takes:
4 1. an unauthorized photographic image of an adult, or
5 2. a photographic image of a child; and transmits such picture to
6 another person's mobile camera telephone, personal computer, or an
7 internet website. This section shall not be construed as applying to
8 bona fide medical photographs or materials.
9 Criminal use of a mobile camera telephone is a class E felony.
10 § 243.20 Offenses involving mobile camera telephones; defenses.
11 In any prosecution under this article, it shall be a defense that the
12 defendant had reasonable grounds to believe:
13 1. he or she had authorization to take the picture; or
14 2. he or she had the right to copy, reproduce or duplicate in any
15 manner the photographic image; except in the case of a photographic
16 image depicting a child in violation of this article.
17 § 2. This act shall take effect on the first of November next succeed-
18 ing the date on which it shall have become a law.
