Relates to educating children on the harms of electronically sending and posting certain images of themselves.

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S3439A-2011 Actions

• Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
• May 2, 2011: REPORTED AND COMMITTED TO FINANCE
• Apr 14, 2011: PRINT NUMBER 3439A
• Apr 14, 2011: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
• Feb 22, 2011: REFERRED TO CHILDREN AND FAMILIES

S3439A-2011 Meetings

Children and Families: May 2, 2011

S3439A-2011 Votes

S3439A-2011 Memo

BILL NUMBER:S3439A

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.

S3439A-2011 Text

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

                                   3439--A

                         2011-2012 Regular Sessions

                              I N  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.