BILL NUMBER:S463

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 1994, 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 long-term 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. Schools are also at risk. In 2000, President
Clinton signed the Children's Internet Protection Act (CIPA) The law
states that schools can lose federal funding if they fail to


adequately monitor the online activity of minors Although CIPA
predates smart phones, schools must still adhere to the law.

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.