S T A T E   O F   N E W   Y O R K
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                                  2562

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of A. KATZ -- Multi-Sponsored by -- M. of A. GIGLIO,
  GRAF, SKOUFIS, TENNEY -- read once and referred to  the  Committee  on
  Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  revenge  exposure  in the third degree, revenge exposure in the second
  degree and revenge exposure in the first degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be known and may be cited as the "state
legislation for inappropriate exposure (SLFIE) act".
  S 2. The penal law is amended by adding a new section 240.27  to  read
as follows:
S 240.27 REVENGE EXPOSURE IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF REVENGE EXPOSURE IN THE THIRD DEGREE WHEN HE OR
SHE KNOWINGLY DISSEMINATES, OR KNOWINGLY CAUSES  TO  BE  DISSEMINATED  A
PHOTOGRAPH,  FILM, VIDEOTAPE, RECORDING, OR ANY OTHER REPRODUCTION OF AN
IMAGE THAT DEPICTS NUDITY OR ACTIONS OF A SEXUALLY  EXPLICIT  NATURE  OF
ANOTHER IDENTIFIABLE PERSON OVER THE AGE OF EIGHTEEN WITHOUT THE CONSENT
OF THE DEPICTED INDIVIDUAL AND UNDER CIRCUMSTANCES IN WHICH THE INDIVID-
UAL HAS A REASONABLE EXPECTATION OF PRIVACY.
  WHERE  THE  INDIVIDUAL  DEPICTED IS UNDER THE AGE OF EIGHTEEN, ARTICLE
TWO HUNDRED SIXTY-THREE OF THIS PART WILL APPLY.
  WHERE A PERSON WRONGFULLY TAKES, OBTAINS OR WITHHOLDS A PHOTOGRAPH  OR
VIDEO  THAT  DEPICTS  NUDITY OR ACTIONS OF A SEXUALLY EXPLICIT NATURE OF
ANOTHER IDENTIFIABLE PERSON  OVER  THE  AGE  OF  EIGHTEEN,  ARTICLE  ONE
HUNDRED FIFTY-FIVE OF THIS PART WILL ALSO APPLY.
  REVENGE EXPOSURE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S  3.  The penal law is amended by adding a new section 240.28 to read
as follows:
S 240.28 REVENGE EXPOSURE IN THE SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04419-01-5

              

A. 2562                             2

  A PERSON IS GUILTY OF REVENGE EXPOSURE IN THE SECOND DEGREE WHEN HE OR
SHE KNOWINGLY DISSEMINATES, OR KNOWINGLY CAUSES TO BE  DISSEMINATED,  OR
KNOWINGLY  DISSEMINATES  TO  A THIRD PERSON WHO KNOWINGLY DISSEMINATES A
PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING, OR ANY OTHER REPRODUCTION OF  AN
IMAGE  THAT  DEPICTS  NUDITY OR ACTIONS OF A SEXUALLY EXPLICIT NATURE OF
ANOTHER IDENTIFIABLE PERSON OVER THE AGE OF EIGHTEEN WITHOUT THE CONSENT
OF THE DEPICTED INDIVIDUAL, UNDER CIRCUMSTANCES IN WHICH THE  INDIVIDUAL
HAS A REASONABLE EXPECTATION OF PRIVACY, AND WITH THE INTENT TO EITHER:
  1. CAUSE SERIOUS EMOTIONAL DISTRESS; OR
  2. OBTAIN A PROFIT.
  WHERE  THE  INDIVIDUAL  DEPICTED IS UNDER THE AGE OF EIGHTEEN, ARTICLE
TWO HUNDRED SIXTY-THREE OF THIS PART WILL APPLY.
  WHERE A PERSON WRONGFULLY TAKES, OBTAINS OR WITHHOLDS A PHOTOGRAPH  OR
VIDEO  THAT  DEPICTS  NUDITY OR ACTIONS OF A SEXUALLY EXPLICIT NATURE OF
ANOTHER IDENTIFIABLE PERSON  OVER  THE  AGE  OF  EIGHTEEN,  ARTICLE  ONE
HUNDRED FIFTY-FIVE OF THIS PART WILL ALSO APPLY.
  REVENGE EXPOSURE IN THE SECOND DEGREE IS A CLASS E FELONY.
  S  4.  The penal law is amended by adding a new section 240.29 to read
as follows:
S 240.29 REVENGE EXPOSURE IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF REVENGE EXPOSURE IN THE FIRST DEGREE WHEN:
  1. HE OR SHE COMMITS THE CRIME  OF  REVENGE  EXPOSURE  IN  THE  SECOND
DEGREE IN VIOLATION OF SECTION 240.28 OF THIS ARTICLE, AND HAS PREVIOUS-
LY BEEN CONVICTED OF THAT CRIME; OR
  2. HE OR SHE COMMITS THE CRIME OF REVENGE EXPOSURE IN THE THIRD DEGREE
IN  VIOLATION  OF  SECTION 240.27 OF THIS ARTICLE OR REVENGE EXPOSURE IN
THE SECOND DEGREE IN VIOLATION OF SECTION 240.28  OF  THIS  ARTICLE  AND
RECEIVES  OR  OBTAINS THE PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING, OR ANY
OTHER REPRODUCTION OF AN IMAGE WITHOUT THE CONSENT OF THE INDIVIDUAL WHO
HAS FIRST POSSESSION OF THE PHOTOGRAPH, FILM, VIDEOTAPE,  RECORDING,  OR
ANY OTHER REPRODUCTION.
  REVENGE EXPOSURE IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.