Relates to educating children on the harms of electronically sending and posting certain images of themselves.
TITLE OF BILL: An act to amend the executive law and the penal law, in relation to educating children on the electronic sending and posting of certain images
PURPOSE OR GENERAL IDEA OF BILL: This bill would require the office of children and family services to establish an educational outreach program to promote the awareness of the potential long-term harm to adolescents' privacy that may arise from text messaging, emailing or posting on the internet images and photographs of themselves that are provocative in nature. Also, to provide an affirmative defense to young persons for certain acts with regard to the possessions and dissemination of such images and photographs of themselves.
SUMMARY OF SPECIFIC PROVISIONS: Subdivision 16 of section 501 of the executive law, as renumbered by chapter 170 of the laws of 1984, is renumbered subdivision 17 and a new subdivision 16 is added.
Section 1 amends the executive law, which directs the office of children and family services to establish an educational outreach program to promote the awareness of text messaging, emailing and internet posting among adolescents, and create a campaign to address the potential longterm harm that may arise as a result of adolescents sending, receiving or posting on the internet images and photographs of themselves that include, but are not limited to, provocative or nude images. This outreach campaign may be accomplished through radio, print, television public service announcements, advertisements, posters, internet postings, and other channels, and carried out in conjunction with community organizations, educators, and other public and private efforts.
Section 2 amends the penal law by adding a new section 40.20 to provide an affirmative defense to certain acts by young persons where the defendant was less than eighteen years old and that there is less than four years age difference between the defendant and the recipient at the time of the act and the depiction or description and both the defendant and the recipient did not intend to or profit from such conduct. The affirmative defense does not apply to any subsequent transfer of the depiction and shall only apply to the original single transfer to a single recipient.
JUSTIFICATION: The prevalence of text messaging, emailing and internet usage has led to unanticipated forms of communication, particularly among adolescents. Many adolescents are engaging in the sending, receiving and posting of images or photographs which are provocative in nature. This activity has the potential to impact teens' privacy interests and may even lead to criminal charges.
One national study found that as many as 20 percent of teens have sent or posted nude or seminude photos of themselves. In general,
adolescents and their parents and caregivers, are unaware of the potential harm. This legislation would promote awareness of text messaging, emailing and posting of provocative images by adolescents and encourage adolescents to consider the harm related to such conduct. Further, this bill addresses the issue of criminal prosecution of adolescent conduct that was not intended under certain criminal acts by creating an affirmative defense.
PRIOR LEGISLATIVE HISTORY: 2010: Senate Bill 5680-A passed the Senate.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately, provided, however, that the section on the educational outreach program shall take effect ninety days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 3439--A 2011-2012 Regular Sessions IN SENATE February 22, 2011 ___________Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law and the penal law, in relation to educating children on the electronic sending and posting of certain images THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 16 of section 501 of the executive law, as renumbered by chapter 170 of the laws of 1994, is renumbered subdivision 17 and a new subdivision 16 is added to read as follows: 16. TO ESTABLISH AN EDUCATIONAL OUTREACH PROGRAM FOR TEXT MESSAGE, EMAIL AND INTERNET POSTING AWARENESS BY PROVIDING FOR AN ONGOING PUBLIC INFORMATION AND EDUCATIONAL CAMPAIGN ABOUT THE HARM THAT MAY ARISE FROM ADOLESCENTS SENDING, RECEIVING OR POSTING ON THE INTERNET MESSAGES THAT MAY INCLUDE, BUT ARE NOT LIMITED TO, PROVOCATIVE OR NUDE IMAGES AND PHOTOGRAPHS OF THEMSELVES. (A) SUCH PROGRAM SHALL BE DESIGNED TO PROMOTE (I) INCREASED AWARENESS OF THE POTENTIAL LONG-TERM HARM TO PRIVACY INTERESTS ASSOCIATED WITH THE SENDING, RECEIVING OR POSTING OF SUCH IMAGES AND PHOTOGRAPHS; AND (II) COORDINATION OF PUBLIC AND PRIVATE EFFORTS, INCLUDING BUT NOT LIMITED TO EFFORTS OF EDUCATORS, COMMUNITY ORGANIZATIONS AND OTHER GROUPS, TO PROVIDE EDUCATIONAL OUTREACH PROGRAMS TO ADOLESCENTS AND THEIR PARENTS AND CAREGIVERS, EMPHASIZING SUCH POTENTIAL LONG-TERM HARM. (B) THE FOLLOWING STRATEGIES, AMONG OTHERS, MAY BE USED TO PROMOTE AWARENESS OF THE POTENTIAL LONG-TERM HARM TO ADOLESCENTS' PRIVACY INTER- ESTS BY THE SENDING, RECEIVING OR POSTING OF SUCH IMAGES AND PHOTO- GRAPHS: (I) OUTREACH CAMPAIGNS BY MEANS OF PRINT, RADIO AND TELEVISION PUBLIC SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS, INTERNET POSTINGS AND OTHER MATERIALS; (II) COMMUNITY INFORMATIONAL FORUMS; AND (III)EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00745-03-1 S. 3439--A 2
DISTRIBUTION OF INFORMATION THROUGH EDUCATORS, MENTORS, AND COMMUNITY MEMBERS. S 2. The penal law is amended by adding a new section 40.20 to read as follows: S 40.20 CERTAIN ACTS BY A YOUNG PERSON. IN ANY PROSECUTION PURSUANT TO SECTION 235.21 OR 235.22 OR SECTION 263.10, 263.11, 263.15 OR 263.16 OF THIS CHAPTER, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT WAS LESS THAN EIGHTEEN YEARS OLD, AND THAT THERE IS A LESS THAN FOUR YEARS AGE DIFFERENCE BETWEEN THE DEFENDANT AND THE RECIPIENT AT THE TIME OF THE ACT, AND THE DEPICTION OR DESCRIPTION WAS NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS CHAP- TER, AND BOTH THE DEFENDANT AND THE RECIPIENT EXPRESSLY OR IMPLIEDLY ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT FROM SUCH CONDUCT. THE AFFIRMATIVE DEFENSE SHALL NOT BE AVAILABLE FOR ANY SUBSEQUENT TRANSFER OF THE DEPICTION OR DESCRIPTION, AND SHALL ONLY APPLY TO THE ORIGINAL SINGLE TRANSFER TO A SINGLE RECIPIENT. S 3. This act shall take effect immediately; provided, however, that section one of this act shall take effect on the ninetieth day after it shall have become a law.