NY State Senate Bill 2019-S4762

Senate Bill S4762

2019-2020 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Mar 25, 2019	referred to codes

co-Sponsors

2019-S4762 (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
2015-2016: S2068
2017-2018: S525

2019-S4762 (ACTIVE) - Summary

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

2019-S4762 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4762

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing 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 publi-
cation of an intimate image of a minor in the first degree". A new Penal
Law section 250.70 is added to create the offense of "unlawful publica-

tion 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 from 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:

2017,2018: S.525 Referred to Codes
2015,2016: S.2068 Referred to Codes
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.

2019-S4762 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4762
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sens. RANZENHOFER, FUNKE -- read twice and ordered print-
   ed, 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:
   § 2. The penal law is amended by adding two new  sections  250.70  and
 250.75 to read as follows:
 §  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.
 § 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.

                                                            LBD03075-01-9

 S. 4762                             2
 
   UNLAWFUL  PUBLICATION  OF  AN  INTIMATE  IMAGE OF A MINOR IN THE FIRST
 DEGREE IS A CLASS A MISDEMEANOR.
   §  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.
   § 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 S4762

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Sponsored By

Michael H. Ranzenhofer