Senate Bill S2990

2015-2016 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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2015-S2990 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง250.55, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3418
2011-2012: S743
2013-2014: S3378
2017-2018: S457
2019-2020: S915

2015-S2990 (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.

2015-S2990 (ACTIVE) - Sponsor Memo

2015-S2990 (ACTIVE) - Bill Text download pdf 

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

                                  2990

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sens. YOUNG, CROCI, DeFRANCISCO, GOLDEN, O'MARA, RANZEN-
  HOFER -- 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 amended by chapter 193
of the laws of 2014, 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, as defined, respectively, in section 250.50 or 250.45  of
this article, 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
SERVICE  OR  TELECOMMUNICATION  SERVICE AS DEFINED IN 47 U.S.C. 153, FOR
CONTENT PROVIDED BY ANOTHER PERSON.
  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

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