Relates to unlawful surveillance in the second degree and dissemination of an unlawful surveillance image in the first and second degrees.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Espaillat, Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the penal law, in relation to unlawful surveillance
PURPOSE: This bill attempts to close a loophole in the penal law to ensure that people who have had their image broadcasted without their consent will have a course of action under the law.
SUMMARY OF PROVISIONS:
Section 1. Amends section 250.45 of the penal law to provide that a person can be charged with unlawful surveillance in the second degree if an individual uses a device to view, broadcast or record a person engaged in sexual conduct without their consent.
Section 2. Amends section 250.55 of the penal law to reflect the same changes as made in section 1 of this bill.
Section 3. Amends section 250.60 of the penal law to reflect the same changes as made in section 1 of this bill.
Section 4. Effective date.
JUSTIFICATION: Clarkstown police department found that there was a loophole in the unlawful surveillance laws when a victim came to the police because her image had been posted on the Internet without her permission. The image showed the victim engaged in sexual contact with another but without her sexual parts captured in the image. Even though the image was broadcast without her consent the police could not press charges because the victim's sexual or intimate parts were not exposed in the picture and therefore did not fall under the definition of the law.
Due to this unfortunate loophole in the law the police's hands were tied. Working with the local District Attorney's office the language of this bill was developed. This bill provides that a person could be charged if they disseminate an image of an individual engaged in sexual conduct regardless of whether their own sexual parts were broadcast. This expansion of the law will ensure that police officers will be able to bring charges in cases, such as the one that occurred in Rockland County, where a person's privacy had been invaded and their image broadcasted without their permission.
LEGISLATIVE HISTORY: 2013: S.1982 - passed Senate 2011-12: S.6746-A passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1982--C Cal. No. 750 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit- tee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading -- amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to unlawful surveillance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 250.45 of the penal law, as added by chapter 69 of the laws of 2003, is amended and a new subdivision 5 is added to read as follows: 4. Without the knowledge or consent of a person, he or she inten- tionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record, under the clothing being worn by such person, the sexual or other intimate parts of such person
[.]; OR 5. FOR HIS OR HER OWN, OR ANOTHER INDIVIDUAL'S AMUSEMENT, ENTER- TAINMENT, PROFIT, SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE PURPOSE OF DEGRADING OR ABUSING A PERSON, THE ACTOR INTENTIONALLY USES OR INSTALLS OR PERMITS THE UTILIZATION OR INSTALLATION OF AN IMAGING DEVICE TO SURREPTITIOUSLY VIEW, BROADCAST, OR RECORD SUCH PERSON IN AN IDENTIFI- ABLE MANNER: (A) ENGAGING IN SEXUAL CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS PART; (B) IN THE SAME IMAGE WITH THE SEXUAL OR INTIMATE PART OF ANY OTHER PERSON; ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05070-06-4 S. 1982--C 2
(C) AT A PLACE AND TIME WHEN SUCH PERSON HAS A REASONABLE EXPECTATION OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT. S 2. Section 250.55 of the penal law, as added by chapter 69 of the laws of 2003, is amended to read as follows: S 250.55 Dissemination of an unlawful surveillance image in the second degree. A person is guilty of dissemination of an unlawful surveillance image in the second degree when he or she, with knowledge of the unlawful conduct by which an image or images of the sexual or other intimate parts of another person or persons were obtained and such unlawful conduct would satisfy the essential elements of the crime of unlawful surveillance in the first or second degree, AS DEFINED, RESPECTIVELY, IN SECTION 250.50 OR 250.45 OF THIS ARTICLE, intentionally disseminates such image or images. Dissemination of an unlawful surveillance image in the second degree is a class A misdemeanor. S 3. Subdivision 1 of section 250.60 of the penal law, as amended by chapter 157 of the laws of 2003, is amended to read as follows: 1. He or she, with knowledge of the unlawful conduct by which an image or images of the sexual or other intimate parts of another person or persons were obtained and such unlawful conduct would satisfy the essen- tial elements of the crime of unlawful surveillance in the first or second degree, AS DEFINED, RESPECTIVELY, IN SECTION 250.50 OR 250.45 OF THIS ARTICLE, sells or publishes such image or images; or S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.