NY State Senate Bill 2015-S2068

Senate Bill S2068

2015-2016 Legislative Session

Establishes the misdemeanors of unlawful publication of an intimate image of a minor in the first and second degrees

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 21, 2015	referred to codes

co-Sponsors

2015-S2068 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §250.40, add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7335
2017-2018: S525
2019-2020: S999, S4762

2015-S2068 (ACTIVE) - Summary

Establishes the misdemeanors of unlawful publication of an intimate image of a minor in the first and second degrees.

2015-S2068 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2068

TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crimes
of unlawful publication of an intimate image of a minor in the first
and second degrees

PURPOSE OR GENERAL IDEA OF BILL:

To restrict the dissemination of sexual and other intimate parts of
minors without the consent of their parent or guardian.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 makes a heading change to section 250.40 of the penal law to
add "publication".

Section 2 establishes the two new offenses of "unlawful publication of
an intimate image of a minor in the second degree" and "unlawful
publication of an intimate image of a minor in the first degree". A
new penal law section 250.70 is added to created the offense of
unlawful publication of an intimate image of a minor in the second
degree". A person is guilty of " unlawful publication of an intimate
image of a minor in the second degree when he or she intentionally
publishes an image or images of the sexual or other intimate parts of

a minor under the age of sixteen without explicit consent of the
parent or guardian to publish such image. A violation of section
250.70 shall constitute a class B misdemeanor.

A new section 250.75, unlawful publication of an image of a minor in
the first degree is established to provide that person who satisfies
the elements of section 270.70 and has previously been convicted of
the unlawful publication of an intimate image of a minor in the second
degree within the past 10 years shall be guilty of unlawful
publication of an intimate image of a minor in the first degree. A
violation of section 250.75 shall constitute a class A misdemeanor.

Section 3 provides an exemption for liability for any interactive
computer service for content provided by another person.

Section 4 sets forth the effective date.

JUSTIFICATION:

This bill will assist in the prevention of the public circulation of
pictures of the intimate parts of minors age 15 and younger without
the consent of the minor's parent or guardian. Under penal law section
240.40, "sexual or other intimate parts" means the human male or
female genitals, pubic area or buttocks, or the female breast below
the top of the nipple. The proposal will still allow for images of
minors 15 and younger to be disseminated on a limited basis with
implied parental consent. Parental consent would be required in
instances where the image is to be disseminated to more than 10
people, disseminated with the intent to sell such image to another
person or when such image is to be otherwise made available to the
public.


This bill will allow parents a greater level of awareness and control
in protecting young children and vulnerable teenagers to abuse and
exploitation. It will provide another enforcement tool to combat
sexual exploitation of minors through internet and other means of
publication.

PRIOR LEGISLATIVE HISTORY:

2014: S.7335 Referred to Codes

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect on the 180th day after it shall become law.

2015-S2068 (ACTIVE) - Bill Text download pdf

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

                                  2068

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 establishing the crimes of
  unlawful publication of an intimate image of a minor 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 PUBLICATION; 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  PUBLICATION  OF AN INTIMATE IMAGE OF A MINOR IN THE
           SECOND DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL PUBLICATION OF AN INTIMATE IMAGE  OF  A
MINOR  IN  THE  SECOND DEGREE WHEN, HE OR SHE INTENTIONALLY PUBLISHES AN
IMAGE OR IMAGES OF THE SEXUAL OR OTHER INTIMATE PARTS OF A  MINOR  UNDER
THE AGE OF SIXTEEN YEARS WITHOUT EXPLICIT CONSENT OF THE PARENT OR GUAR-
DIAN OF SUCH MINOR TO PUBLISH SUCH IMAGE.
  UNLAWFUL  PUBLICATION  OF  AN  INTIMATE IMAGE OF A MINOR IN THE SECOND
DEGREE IS A CLASS B MISDEMEANOR.
S 250.75 UNLAWFUL PUBLICATION OF AN INTIMATE IMAGE OF  A  MINOR  IN  THE
           FIRST DEGREE.
  A  PERSON  IS GUILTY OF UNLAWFUL PUBLICATION OF AN INTIMATE IMAGE OF A
MINOR IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME  OF  UNLAWFUL
PUBLICATION OF AN INTIMATE IMAGE OF A MINOR IN THE SECOND DEGREE AND HAS
PREVIOUSLY BEEN CONVICTED WITHIN THE PAST TEN YEARS OF UNLAWFUL PUBLICA-
TION OF AN INTIMATE IMAGE OF A MINOR IN THE FIRST OR SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06202-01-5

S. 2068                             2

  UNLAWFUL  PUBLICATION  OF  AN  INTIMATE  IMAGE OF A MINOR IN THE FIRST
DEGREE IS A CLASS A MISDEMEANOR.
  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.

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Senate Bill S2068

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Sponsored By

Catharine Young