Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, the dissemination of an image of a person to a computer network internet website that is obscene, without the consent or knowledge of the person in the image.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins
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 known obscene image to an 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. 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. 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: 2009-10: S.3418 Referred to Codes 2008: S.6912 Passed 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.
STATE OF NEW YORK ________________________________________________________________________ 743--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. YOUNG, DeFRANCISCO, O'MARA, RANZENHOFER, SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 THAT PERSON WHICH HE OR SHE KNOWS IS OBSCENE, TO A COMPUTER NETWORK INTERNET WEBSITE. FOR THE PURPOSE OF THIS SECTION, "OBSCENE" SHALL HAVE THE SAME MEANING AS IT IS DEFINED IN SUBDIVISION ONE OF SECTION 235.00 OF THIS PART. 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. LBD02697-02-1