Senate Bill S457

2017-2018 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 Senate Committee Rules 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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2017-S457 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §250.55, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3418
2011-2012: S743
2013-2014: S3378
2015-2016: S2990
2019-2020: S915

2017-S457 (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.

2017-S457 (ACTIVE) - Sponsor Memo

2017-S457 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    457
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  YOUNG, CROCI, DeFRANCISCO, FUNKE, GOLDEN, O'MARA,
   RANZENHOFER, SERINO -- read twice and ordered printed, and when print-
   ed 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:
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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