Bill S3378-2013

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, dissemination of image to porn website without consent

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, the dissemination of an image of a person to a computer network internet website that is obscene, without the consent or knowledge of the person in the image.

Details

Actions

  • Mar 4, 2014: ADVANCED TO THIRD READING
  • Mar 3, 2014: 2ND REPORT CAL.
  • Feb 27, 2014: 1ST REPORT CAL.215
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 23, 2013: referred to codes
  • May 23, 2013: DELIVERED TO ASSEMBLY
  • May 23, 2013: PASSED SENATE
  • May 22, 2013: ADVANCED TO THIRD READING
  • May 21, 2013: 2ND REPORT CAL.
  • May 20, 2013: 1ST REPORT CAL.635
  • Feb 1, 2013: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 20, 2013
Ayes (14): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, Espaillat, Hoylman, O'Brien
Ayes W/R (1): Krueger
VOTE: COMMITTEE VOTE: - Codes - Feb 27, 2014
Ayes (14): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger

Memo

BILL NUMBER:S3378

TITLE OF BILL: An act to amend the penal law, in relation to prohibiting the dissemination of any image of a person to an obscene internet website, without such person's knowledge or consent

PURPOSE: Creates the crime of disseminating a known obscene image to an Internet site without consent.

SUMMARY OF PROVISIONS:

Section 250.55 of the Penal Law is amended to create the crime of dissemination of an unlawful surveillance image without the consent or knowledge of another person to a computer network internet website. The penalty for such crime will be a class A misdemeanor.

Establishes an effective date on the first of November after enactment into law.

JUSTIFICATION: The technology of the Internet has evolved rapidly. This technology has given rise to a new form of pedophile, one who has discovered the ability to capitalize on technology for their perverse motives. This bill provides protection from such predatory activities which previously had not been determined to be illegal or criminal.

LEGISLATIVE HISTORY: 2011,2012: S.743A Passed Senate 2009,2010: S.3418 Referred to Codes 2008: S.8912 Passed Senate

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3378 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sens. YOUNG, DeFRANCISCO, O'MARA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting the dissem- ination of any image of a person to an obscene internet website, with- out such person's knowledge or consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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]: 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, intentionally disseminates such image or images[.]; OR 2. WITHOUT THE KNOWLEDGE OR CONSENT OF ANOTHER PERSON, HE OR SHE DISSEMINATES AN IMAGE OF THAT PERSON WHICH HE OR SHE KNOWS IS OBSCENE, TO A COMPUTER NETWORK INTERNET WEBSITE. FOR THE PURPOSE OF THIS SECTION, "OBSCENE" SHALL HAVE THE SAME MEANING AS IT IS DEFINED IN SUBDIVISION ONE OF SECTION 235.00 OF THIS PART. Dissemination of an unlawful surveillance image in the second degree is a class A misdemeanor. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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