NY State Senate Bill 2021-S4223

Senate Bill S4223

2021-2022 Legislative Session

Relates to adding transmission of unwanted lewd or intimate images to the definition of aggravated harassment in the second degree

download bill text pdf

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 05, 2022	referred to codes
Feb 03, 2021	referred to codes

2021-S4223 (ACTIVE) - Details

See Assembly Version of this Bill:: A1965
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.30, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6887, A8871
2023-2024: S1894

2021-S4223 (ACTIVE) - Summary

Relates to adding transmission of unwanted lewd or intimate images to the definition of aggravated harassment in the second degree.

2021-S4223 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4223

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the penal law, in relation to adding transmission of
unwanted lewd or intimate images to the definition of aggravated harass-
ment in the second degree

 
PURPOSE OR GENERAL IDEA OF BILL:

To penalize intentional harassment of another person via the trans-
mission of lewd imagery without the consent of the recipient.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 240.30 of the penal law by adding a new subdi-
vision 2-a to include the intentional transmission of lewd or intimate
images to another person, when done with the intent to harass, annoy,
threaten, or alarm another person.

Section 2 provides the effective date.

 
JUSTIFICATION:

With the advent of smartphone technology, our ability to communicate
with colleagues, loved ones, and the wider world have improved immeasur-
ably. Yet every advance in technology throughout history has regrettably
been accompanied by a similar advance in the willingness of bad actors
to abuse technology for nefarious purposes.

For example, to cite just one method currently in vogue, perverts have
been using AirDrop technology - a Bluetooth-based method of sharing
files on the Apple iPhone device - to force unsuspecting victims to view
lewd images without consent. Because of the very nature of the AirDrop
system, recipients are forced to view a "preview" of the images in ques-
tion before they can reject them. Therefore, the goal of the offender is
accomplished without the consent of the recipient, as anyone within
AirDrop range of the sender is forced to view the image(s) in question,
even if they ultimately choose to reject the file transfer.

This is just one example of the misuse of smartphone technology that
harasses and disturbs law-abiding New Yorkers attempting to go about
their day, including on public transportation in close proximity to
strangers. This new legislation provides one measure of protection to
the public by amending the Penal Law to specifically deter this conduct.

 
PRIOR LEGISLATIVE HISTORY:

Introduced in a previous legislative session.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4223 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4223
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  adding  transmission  of
   unwanted  lewd  or  intimate  images  to  the definition of aggravated
   harassment in the second degree

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 240.30 of the penal law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. WITH THE INTENT TO  HARASS,  ANNOY,  THREATEN  OR  ALARM  ANOTHER
 PERSON,  AND  WITH  NO  PURPOSE  OF  LEGITIMATE COMMUNICATION TRANSMITS,
 SENDS, OR GIVES UNWANTED LEWD OR INTIMATE IMAGES TO ANOTHER PERSON; OR
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06171-01-1

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