Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, 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 (3): Espaillat, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the penal law, in relation to creating the crimes of unlawful dissemination of an intimate image in the first and second degrees
SUMMARY OF PROVISIONS:
Section 1 applies the existing definitions of "sexual or other intimate parts" and "disseminate" to these two new crimes.
Section 2 creates the new crimes of Unlawful dissemination or an intimate image in the second degree, a class A misdemeanor, committed when one, with intent to harass, annoy or alarm, intentionally disseminates an image of the sexual or other intimate parts of another person without that person's explicit consent; and Unlawful dissemination of an intimate image in the first degree, a class E felony, committed when one commits the crime in the second degree and has a previous conviction for the crime either in the first or second degree.
Section 3 states nothing in this bill shall be construed to impose liability on an interactive computer service for content provided by another person.
Section 4 Effective date.
For all the advantages that the Internet provides, it also assists individuals in perpetrating harm upon others. Social media allows for the widespread dissemination of information and images, and websites devoted to providing people with a means to perpetrate revenge upon former spouses, girlfriends or boyfriends have been created.
New York law protects one from such conduct if they are unaware that such images are being taken. Unfortunately, one may provide an intimate image to another in the context of a relationship with the expectation that such will be a private sharing. When the relationship ends, the spurned partner has a means to humiliate the other by sharing those intimate images with millions of strangers as well as with the person's family, neighbors, friends, employer and co-workers.
This bill would protect everyone's intimate images from further dissemination without his or her explicit consent for dissemination, if such dissemination was done with the intent to harass, annoy or alarm the subject of the image. It provides this protection regardless of who photographed the image and prevents this new form of cyber-bullying.
One hundred and eightieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 5946--A 2013-2014 Regular Sessions IN SENATE October 4, 2013 ___________Introduced by Sens. BOYLE, GRISANTI, KENNEDY, MAZIARZ, ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Codes in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to creating the crimes of unlawful dissemination of an intimate image in the first and second degrees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading and the opening paragraph of section 250.40 of the penal law, as added by chapter 69 of the laws of 2003, are amended to read as follows: Unlawful surveillance AND DISSEMINATION; definitions. The following definitions shall apply to sections 250.45, 250.50, 250.55
[and], 250.60, 250.70 AND 250.75 of this article: S 2. The penal law is amended by adding two new sections 250.70 and 250.75 to read as follows: S 250.70 UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE SECOND DEGREE. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE SECOND DEGREE WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER PERSON, HE OR SHE INTENTIONALLY DISSEMINATES AN IMAGE OR IMAGES OF THE SEXUAL OR OTHER INTIMATE PARTS OF ANOTHER PERSON WITHOUT EXPLICIT CONSENT OF SUCH PERSON TO DISSEMINATE SUCH IMAGE. UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 250.75 UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE FIRST DEGREE. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL DISSEM-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11896-04-4 S. 5946--A 2
INATION OF AN INTIMATE IMAGE IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN CONVICTED WITHIN THE PAST TEN YEARS OF UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE FIRST OR SECOND DEGREE. UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE IN THE FIRST DEGREE IS A CLASS E FELONY. S 3. Nothing in this act shall be construed to impose liability on an interactive computer service for content provided by another person. The term "interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.