Establishes the crime of unsolicited disclosure of an intimate image as a class B misdemeanor; requires sexual harassment prevention training for individuals convicted of such crime.
STATE OF NEW YORK
________________________________________________________________________
7156
2021-2022 Regular Sessions
IN ASSEMBLY
April 23, 2021
___________
Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, BRONSON, BUTTENS-
CHON, DICKENS, ENGLEBRIGHT, FERNANDEZ, GALEF, GRIFFIN, GUNTHER, SIMON,
LAWLER -- Multi-Sponsored by -- M. of A. HEVESI -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
unsolicited disclosure of an intimate image
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 245.12 to
2 read as follows:
3 § 245.12 Unsolicited disclosure of an intimate image.
4 1. A person is guilty of unsolicited disclosure of an intimate image
5 when, with intent to harass, annoy or alarm another person and which
6 serves no legitimate purpose, he or she sends by electronic device an
7 unsolicited intimate image to such other person.
8 2. For purposes of this section: a. "intimate body parts" means the
9 genitals, pubic area or anus of any person;
10 b. "intimate image" means a photograph, film, videotape, recording or
11 any other reproduction of an image of an individual with fully or
12 partially exposed intimate body parts or engaged in sexual activity;
13 c. "send by electronic device" means to send using a cellular tele-
14 phone or any other electronic communication device, including devices
15 capable of sending text messages or e-mails;
16 d. "sexual activity" means "sexual intercourse" as defined in subdivi-
17 sion one of section 130.00 of this chapter, "oral sexual conduct" or
18 "anal sexual conduct" as defined in subdivision two of section 130.00 of
19 this chapter, touching of the intimate body parts of a person for the
20 purpose of gratifying sexual desire, sexual penetration with any object,
21 or the transmission or appearance of semen upon any part of the depicted
22 individual's body.
23 Unsolicited disclosure of an intimate image is a class B misdemeanor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02072-07-1
A. 7156 2
1 § 2. The penal law is amended by adding a new section 60.38 to read as
2 follows:
3 § 60.38 Authorized disposition; unsolicited disclosure of an intimate
4 image.
5 When a person is convicted of an offense defined in section 245.12 of
6 this chapter, or of an attempt to commit such offense, the court shall,
7 where appropriate, include as a condition of such sentence the defend-
8 ant's successful completion of a sexual harassment prevention training
9 program approved by the division of human rights.
10 § 3. This act shall take effect on the ninetieth day after it shall
11 have become a law.
