A08214 Summary:

BILL NOA08214A
 
SAME ASSAME AS S05949-A
 
SPONSORBraunstein (MS)
 
COSPNSRBrindisi, Paulin, Schimel, McDonough, Duprey, Montesano, Simotas, Morelle, Barrett, Benedetto, Borelli, Blankenbush, Tenney, Raia, Brook-Krasny, Otis, Finch, Quart, Saladino, Ortiz, Skoufis, Clark
 
MLTSPNSRCrouch, Galef, Markey, McKevitt, Palmesano, Rodriguez, Skartados, Weisenberg
 
Add S250.70, Pen L
 
Establishes the crime of non-consensual disclosure of sexually explicit images as a class A misdemeanor.
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A08214 Actions:

BILL NOA08214A
 
10/24/2013referred to codes
01/08/2014referred to codes
03/03/2014amend and recommit to codes
03/03/2014print number 8214a
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A08214 Text:



 
                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.
                                                                   LBD11834-09-4

        A. 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.
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