Assembly Bill A4619

2021-2022 Legislative Session

Relates to making it unlawful for a caretaker to post a vulnerable elderly person on social media without their consent

download bill text pdf

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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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2021-A4619 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.40, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A3264

2021-A4619 (ACTIVE) - Summary

Relates to making it unlawful for a caretaker to post a vulnerable elderly person on social media without their consent.

2021-A4619 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4619
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to elder abuse through social
   media
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 260.40  to
 read as follows:
 §  260.40  UNLAWFUL  POSTING  OF  A  VULNERABLE ELDERLY PERSON ON SOCIAL
            MEDIA.
   A PERSON IS GUILTY OF UNLAWFUL POSTING OF A VULNERABLE ELDERLY  PERSON
 ON  SOCIAL  MEDIA WHEN, BEING A CAREGIVER WHILE PERFORMING THEIR DUTY OF
 CARE FOR A VULNERABLE ELDERLY PERSON, HE OR SHE POSTS AN IMAGE OR  VIDEO
 OF  SUCH  PERSON ON SOCIAL MEDIA INCLUDING, BUT NOT LIMITED TO FACEBOOK,
 YOUTUBE, TWITTER, INSTAGRAM, SNAPCHAT, TUMBLR AND FLICKR,  WITHOUT  SUCH
 PERSON'S CONSENT.
   1. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS SECTION:
   (A) "FORCIBLE COMPULSION" MEANS TO COMPEL BY EITHER:
   (I) USE OF PHYSICAL FORCE; OR
   (II)  A  THREAT,  EXPRESS OR IMPLIED, WHICH PLACES A PERSON IN FEAR OF
 IMMEDIATE DEATH OR  PHYSICAL  INJURY  TO  HIMSELF,  HERSELF  OR  ANOTHER
 PERSON,  OR  IN  FEAR THAT HE, SHE OR ANOTHER PERSON WILL IMMEDIATELY BE
 KIDNAPPED.
   (B) "PHYSICAL HELPLESSNESS" MEANS THAT A PERSON IS UNCONSCIOUS OR  FOR
 ANY OTHER REASON IS PHYSICALLY UNABLE TO COMMUNICATE UNWILLINGNESS TO AN
 ACT.
   (C)  "MENTAL  INCAPACITY"  MEANS AN INDIVIDUAL DOES NOT COMPREHEND THE
 NATURE AND CONSEQUENCES OF WHAT HE OR SHE CONSENTS TO.
   (D) "MENTAL DISABILITY" MEANS THAT A  PERSON  SUFFERS  FROM  A  MENTAL
 DISEASE  OR  DEFECT  WHICH  RENDERS  HIM  OR  HER  INCAPABLE OF INFORMED
 CONSENT.

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

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