STATE OF NEW YORK
________________________________________________________________________
4762
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
___________
Introduced by Sens. RANZENHOFER, FUNKE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
unlawful publication of an intimate image of a minor in the first and
second degrees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading and the opening paragraph of section
2 250.40 of the penal law, as added by chapter 69 of the laws of 2003, are
3 amended to read as follows:
4 Unlawful surveillance and publication; definitions.
5 The following definitions shall apply to sections 250.45, 250.50,
6 250.55 [and], 250.60, 250.70 and 250.75 of this article:
7 § 2. The penal law is amended by adding two new sections 250.70 and
8 250.75 to read as follows:
9 § 250.70 Unlawful publication of an intimate image of a minor in the
10 second degree.
11 A person is guilty of unlawful publication of an intimate image of a
12 minor in the second degree when, he or she intentionally publishes an
13 image or images of the sexual or other intimate parts of a minor under
14 the age of sixteen years without explicit consent of the parent or guar-
15 dian of such minor to publish such image.
16 Unlawful publication of an intimate image of a minor in the second
17 degree is a class B misdemeanor.
18 § 250.75 Unlawful publication of an intimate image of a minor in the
19 first degree.
20 A person is guilty of unlawful publication of an intimate image of a
21 minor in the first degree when he or she commits the crime of unlawful
22 publication of an intimate image of a minor in the second degree and has
23 previously been convicted within the past ten years of unlawful publica-
24 tion of an intimate image of a minor in the first or second degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03075-01-9
S. 4762 2
1 Unlawful publication of an intimate image of a minor in the first
2 degree is a class A misdemeanor.
3 § 3. Nothing in this act shall be construed to impose liability on an
4 interactive computer service for content provided by another person. The
5 term "interactive computer service" means any information service,
6 system, or access software provider that provides or enables computer
7 access by multiple users to a computer server, including specifically a
8 service or system that provides access to the Internet and such systems
9 operated or services offered by libraries or educational institutions.
10 § 4. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
