S T A T E   O F   N E W   Y O R K
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                                  5337

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 9, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Veterans,  Homeland
  Security and Military Affairs

AN  ACT  to  amend  the military law, the civil rights law and the penal
  law, in relation to unauthorized use of names and images of members of
  the armed forces or organized militia of New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The military law is amended by adding a new section 267 to
read as follows:
  S 267. RIGHT OF PRIVACY OF  MILITARY  PERSONNEL.  A  PERSON,  FIRM  OR
CORPORATION  THAT  USES FOR ADVERTISING PURPOSES, OR FOR THE PURPOSES OF
TRADE, THE NAME, PORTRAIT OR PICTURE OF ANY MEMBER OF THE  ARMED  FORCES
OR  ORGANIZED  MILITIA  OF  NEW YORK, LIVING OR DECEASED, WITHOUT HAVING
FIRST OBTAINED THE WRITTEN CONSENT OF  SUCH  PERSON  IF  LIVING,  OR  IF
DECEASED  OF  HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL-
DREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS GUILTY OF A CLASS E FELONY.
  S 2. Section 50 of the civil rights law is amended to read as follows:
  S 50. Right of privacy. 1. A person, firm or corporation that uses for
advertising purposes, or for the purposes of trade, the  name,  portrait
or  picture of any living person without having first obtained the writ-
ten consent of such person, or if a minor of his or her parent or guard-
ian, is guilty of a CLASS A misdemeanor.
  2. A PERSON, FIRM OR CORPORATION THAT USES FOR  ADVERTISING  PURPOSES,
OR  FOR  THE  PURPOSES  OF  TRADE,  THE NAME, PORTRAIT OR PICTURE OF ANY
MEMBER OF THE ARMED FORCES OR ORGANIZED MILITIA OF NEW YORK,  LIVING  OR
DECEASED,  WITHOUT  HAVING  FIRST  OBTAINED  THE WRITTEN CONSENT OF SUCH
PERSON IF LIVING, OR IF DECEASED  OF  HIS  OR  HER  SURVIVING  RELATIVES
INCLUDING  ANY  SPOUSE, CHILDREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS
GUILTY OF A CLASS E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11264-01-1

              

S. 5337                             2

  S 3. The penal law is amended by adding two new  sections  250.70  and
270.75 to read as follows:
S 250.70 INVASION OF PRIVACY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE SECOND DEGREE WHEN HE
OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
PICTURE OF ANY LIVING PERSON, WITHOUT HAVING FIRST OBTAINED THE  WRITTEN
CONSENT  OF SUCH PERSON, OR THE NAME, PORTRAIT OR PICTURE IS OF A MINOR,
WITHOUT HAVING FIRST OBTAINED PERMISSION OF HIS OR HER PARENT OR GUARDI-
AN.
  INVASION OF PRIVACY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 250.75 INVASION OF PRIVACY IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE FIRST DEGREE WHEN  HE
OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
PICTURE OF ANY MEMBER OF THE ARMED FORCES OR ORGANIZED  MILITIA  OF  NEW
YORK,  WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON,
OR IF THE NAME, PORTRAIT OR PICTURE IS OF A DECEASED MEMBER OF THE ARMED
FORCES OR ORGANIZED MILITIA OF NEW YORK, WITHOUT HAVING  FIRST  OBTAINED
PERMISSION OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL-
DREN, PARENTS, GRANDPARENTS AND SIBLINGS.
  INVASION OF PRIVACY IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  4.  Severability.  If any clause, sentence, paragraph, subdivision,
section or part of this article shall be adjudged by a court  of  compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, section or part of
this article directly involved in the controversy in which such judgment
shall have been rendered.
  S 5. This act shall take effect immediately.