A08214 Summary:
BILL NO | A08214A |
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SAME AS | SAME AS S05949-A |
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SPONSOR | Braunstein (MS) |
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COSPNSR | Brindisi, Paulin, Schimel, McDonough, Duprey, Montesano, Simotas, Morelle, Barrett, Benedetto, Borelli, Blankenbush, Tenney, Raia, Brook-Krasny, Otis, Finch, Quart, Saladino, Ortiz, Skoufis, Clark |
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MLTSPNSR | Crouch, Galef, Markey, McKevitt, Palmesano, Rodriguez, Skartados, Weisenberg |
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Add S250.70, Pen L | |
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Establishes the crime of non-consensual disclosure of sexually explicit images as a class A misdemeanor. |
A08214 Actions:
BILL NO | A08214A | |||||||||||||||||||||||||||||||||||||||||||||||||
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10/24/2013 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2014 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/03/2014 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/03/2014 | print number 8214a |
A08214 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8214--A 2013-2014 Regular Sessions IN ASSEMBLY October 24, 2013 ___________ Introduced by M. of A. BRAUNSTEIN, BRINDISI, PAULIN, SCHIMEL, McDONOUGH, DUPREY, MONTESANO, SIMOTAS, MORELLE, BARRETT, BENEDETTO, BORELLI, BLANKENBUSH, TENNEY, RAIA -- Multi-Sponsored by -- M. of A. CROUCH, GALEF, MARKEY, McKEVITT, RODRIGUEZ, SKARTADOS, WEISENBERG -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to establishing the crime of non-consensual disclosure of sexually explicit images 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 250.70 to 2 read as follows: 3 § 250.70 Non-consensual disclosure of sexually explicit images. 4 A person is guilty of non-consensual disclosure of sexually explicit 5 images when he or she intentionally and knowingly discloses a photo- 6 graph, film, videotape, recording, or any other reproduction of the 7 image of another person whose intimate parts are exposed or who is 8 engaged in an act of sexual contact without such person's consent, when 9 a reasonable person would have known that the person depicted would not 10 have consented to such disclosure, and under circumstances in which the 11 person has a reasonable expectation of privacy. A person who has 12 consented to the capture or possession of an image within the context of 13 a private or confidential relationship retains a reasonable expectation 14 of privacy with regard to disclosure beyond that relationship. 15 1. For the purposes of this section: 16 (a) "Disclose" means to sell, manufacture, give, provide, lend, trade, 17 mail, deliver, transfer, publish, distribute, circulate, disclose, pres- 18 ent, exhibit, advertise or offer. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11834-09-4A. 8214--A 2 1 (b) "Intimate parts" means the naked genitals, pubic area, buttocks, 2 or female adult nipple of the person. 3 (c) "Sexual contact" means sexual intercourse, including genital-geni- 4 tal, oral-genital, anal-genital, or oral-anal, whether between persons 5 of the same or opposite sex. 6 2. This section shall not apply to: 7 (a) lawful and common practices of law enforcement, criminal report- 8 ing, or legal proceedings, or disclosures made in the reporting of 9 unlawful activity; or 10 (b) situations involving voluntary exposure in public or commercial 11 settings, or disclosures made for a legitimate public purpose. 12 Non-consensual disclosure of sexually explicit images is a class A 13 misdemeanor. 14 § 2. This act shall take effect on the first of November next succeed- 15 ing the date on which it shall have become a law.