S743-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jun 24, 2011: COMMITTED TO RULES
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1063
• May 19, 2011: PRINT NUMBER 743A
• May 19, 2011: AMEND AND RECOMMIT TO CODES
• Jan 5, 2011: REFERRED TO CODES

S743-2011 Memo

BILL NUMBER:S743

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 an image to a known obscene
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 a computer network internet website
which is known to be obscene. 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 and with 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:

2009-2010:  S.3418 Referred to Codes
2008:       S.6912Passed 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.

S743-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          743
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  RANZENHOFER, SALAND -- 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 SUCH OTHER PERSON TO A COMPUTER NETWORK INTER
 NET WEBSITE WHICH HE OR SHE KNOWS IS OBSCENE, AS DEFINED IN  SUBDIVISION
 ONE OF SECTION 235.00 OF THIS CHAPTER.
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02697-01-1

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