Senate Bill S3378A

2013-2014 Legislative Session

Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, dissemination of image to porn website without consent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2013-S3378 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §250.55, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3418
2011-2012: S743
2015-2016: S2990
2017-2018: S457
2019-2020: S915

2013-S3378 - Summary

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.

2013-S3378 - Sponsor Memo

2013-S3378 - Bill Text download pdf 

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

                                  3378

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  O'MARA, RANZENHOFER -- 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 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.
                                                           LBD06429-01-3

co-Sponsors

2013-S3378A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §250.55, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3418
2011-2012: S743
2015-2016: S2990
2017-2018: S457
2019-2020: S915

2013-S3378A (ACTIVE) - Summary

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.

2013-S3378A (ACTIVE) - Sponsor Memo

2013-S3378A (ACTIVE) - Bill Text download pdf 

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

                                 3378--A
    Cal. No. 215

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens. YOUNG, DeFRANCISCO, GOLDEN, O'MARA, RANZENHOFER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Codes  -- recommitted to the Committee on Codes in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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.  NOTHING IN THIS SUBDIVISION SHALL
BE CONSTRUED TO  IMPOSE  LIABILITY  OR  CULPABILITY  ON  AN  INTERACTIVE
COMPUTER  SERVICE  AS DEFINED IN 47 U.S.C.  230(F)(2), OR AN INFORMATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06429-02-4

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