NY State Senate Bill 2021-S6420A

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 09, 2022	advanced to third reading
May 05, 2022	2nd report cal.
May 04, 2022	1st report cal.1073
Mar 04, 2022	print number 6420a
Mar 04, 2022	amend (t) and recommit to codes
Jan 05, 2022	referred to codes
Apr 27, 2021	referred to codes

Votes

- May 2, 2022 - Codes Committee Vote
  S6420A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 2, 2022
      
      aye (13)
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Savino
      
      Sepúlveda

Bill Amendments

Original

A (Active)

2021-S6420 - Details

See Assembly Version of this Bill:: A318
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §§245.12 & 60.38, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10185
2023-2024: S4740, A319

2021-S6420 - Summary

Establishes the offense of unsolicited disclosure of an intimate image as a violation; requires sexual harassment prevention training for individuals convicted of such offense.

2021-S6420 - Sponsor Memo

                                 
BILL NUMBER: S6420

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
unsolicited disclosure of an intimate image

 
PURPOSE:

This legislation will make it unlawful to send unsolicited intimate
images punishable by fine and allow for judicial discretion to require
sexual harassment prevention classes.

 
SUMMARY OF PROVISIONS:

Section 1. Creates the crime of unsolicited disclosure of an intimate
image as a class B misdemeanor, punishable by up to a $500 fine.

Section 2. Allows for the court to require sexual harassment prevention
classes as condition of sentence.

Section 3. Effective Date

 
JUSTIFICATION:

Sexual harassment has a negative effect on AN individual's health and
mental well-being and even has economic impacts. This "cyber flashing"
has been frequently reported on mass transit and at large events in
attempts to mask identity of the sender. There is no rational reason
that an individual should be sharing intimate images without consent
from the receiver. With the advancement and wide adoption of Near Field
Communications devices and Bluetooth file sharing services such as
Airdrop, unsolicited intimate image sharing has become more commonplace.
"Cyber flashing" has also been reported by users of online dating plat-
forms, such as Tinder and Bumble. In April 2019, Wolfe Herd estimated
that 78% of millennial women have received an unwanted intimate image.
Most people who have received explicit unsolicited messages feel
disgusted and unsafe. However, for some individuals with a history of
sexual trauma, these unsolicited sexual images may trigger emotional
distress.

An individual convicted of this crime may be subject to jail time and a
fine and may also be court ordered to take sexual harassment training.
Having such training as an accessible option will teach individuals the
importance of consent and personal boundaries.  Whether in public or
within private conversations, it is absolutely unacceptable for unsus-
pecting individuals to be harassed with lewd, nude photos. Both Texas
and South Carolina have outlawed this practice. Ultimately, this will
dissuade those seeking to harass others with nude photos and ensure
accountability for those who choose to send unsolicited intimate images.

 
PRIOR LEGISLATIVE HISTORY:

Similar to A.10185A of 2020, amended and recommitted to codes / S.7076A,
amended and recommitted to codes.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninety days after it shall have become law.

2021-S6420 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6420
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 establishing the crime  of
   unsolicited disclosure of an intimate image
 
   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 245.12  to
 read as follows:
 § 245.12 UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE.
   1.  A  PERSON IS GUILTY OF UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE
 WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM  ANOTHER  PERSON  AND  WHICH
 SERVES  NO  LEGITIMATE  PURPOSE, HE OR SHE SENDS BY ELECTRONIC DEVICE AN
 UNSOLICITED INTIMATE IMAGE TO SUCH OTHER PERSON.
   2. FOR PURPOSES OF THIS SECTION: A. "INTIMATE BODY  PARTS"  MEANS  THE
 GENITALS, PUBIC AREA OR ANUS OF ANY PERSON;
   B.  "INTIMATE IMAGE" MEANS A PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING OR
 ANY OTHER REPRODUCTION OF AN  IMAGE  OF  AN  INDIVIDUAL  WITH  FULLY  OR
 PARTIALLY EXPOSED INTIMATE BODY PARTS OR ENGAGED IN SEXUAL ACTIVITY;
   C.  "SEND  BY  ELECTRONIC DEVICE" MEANS TO SEND USING A CELLULAR TELE-
 PHONE OR ANY OTHER ELECTRONIC COMMUNICATION  DEVICE,  INCLUDING  DEVICES
 CAPABLE OF SENDING TEXT MESSAGES OR E-MAILS;
   D. "SEXUAL ACTIVITY" MEANS "SEXUAL INTERCOURSE" AS DEFINED IN SUBDIVI-
 SION  ONE  OF  SECTION  130.00 OF THIS CHAPTER, "ORAL SEXUAL CONDUCT" OR
 "ANAL SEXUAL CONDUCT" AS DEFINED IN SUBDIVISION TWO OF SECTION 130.00 OF
 THIS CHAPTER, TOUCHING OF THE INTIMATE BODY PARTS OF A  PERSON  FOR  THE
 PURPOSE OF GRATIFYING SEXUAL DESIRE, SEXUAL PENETRATION WITH ANY OBJECT,
 OR THE TRANSMISSION OR APPEARANCE OF SEMEN UPON ANY PART OF THE DEPICTED
 INDIVIDUAL'S BODY.
   UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE IS A CLASS B MISDEMEANOR.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02072-07-1

 S. 6420                             2
 
 § 60.38 AUTHORIZED  DISPOSITION;  UNSOLICITED  DISCLOSURE OF AN INTIMATE
           IMAGE.
   WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 245.12 OF
 THIS CHAPTER, OR OF AN ATTEMPT TO COMMIT SUCH OFFENSE, THE COURT  SHALL,
 WHERE  APPROPRIATE,  INCLUDE AS A CONDITION OF SUCH SENTENCE THE DEFEND-
 ANT'S SUCCESSFUL COMPLETION OF A SEXUAL HARASSMENT  PREVENTION  TRAINING
 PROGRAM APPROVED BY THE DIVISION OF HUMAN RIGHTS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2021-S6420A (ACTIVE) - Details

See Assembly Version of this Bill:: A318
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §§245.12 & 60.38, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10185
2023-2024: S4740, A319

2021-S6420A (ACTIVE) - Summary

Establishes the offense of unsolicited disclosure of an intimate image as a violation; requires sexual harassment prevention training for individuals convicted of such offense.

2021-S6420A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6420A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the offense
of unsolicited disclosure of an intimate image

 
PURPOSE:

This legislation will make it unlawful to send unsolicited intimate
images punishable by fine and allow for judicial discretion to require
sexual harassment prevention classes.

 
SUMMARY OF PROVISIONS:

Section 1. Creates the crime of unsolicited disclosure of an intimate
image as a violation.

Section 2. Allows for the court to require sexual harassment prevention
classes as condition of sentence.

Section 3. Sets effective date.

 
JUSTIFICATION:

Sexual harassment has a negative effect on an individual's health and
mental well-being and even has economic impacts. This "cyber flashing"
has been frequently reported on mass transit and at large events in
attempts to mask identity of the sender. There is no rational reason
that an individual should be sharing intimate images without consent
from the receiver. With the advancement and wide adoption of Near Field
Communications devices and Bluetooth file sharing services such as
Airdrop, unsolicited intimate image sharing has become more commonplace.
"Cyber flashing" has also been reported by users of online dating plat-
forms, such as Tinder and Bumble. In April 2019, Wolfe Herd estimated
that 78% of millennial women have received an unwanted intimate image.
Most people who have received explicit unsolicited messages feel
disgusted and unsafe. However, for some individuals with a history of
sexual trauma, these unsolicited sexual images may trigger emotional
distress.

An individual convicted of this crime may be subject to a term of impri-
sonment up to 15 days and may also be court ordered to take sexual
harassment training. Having such training as an accessible option will
teach individuals the importance of consent and personal boundaries.
Whether in public or within private conversations, it is absolutely
unacceptable for unsuspecting individuals to be harassed with lewd, nude
photos. Both Texas and South Carolina have outlawed this practice. Ulti-
mately, this will dissuade those seeking to harass others with nude
photos and ensure accountability for those who choose to send unsolicit-
ed intimate images.

 
LEGISLATIVE HISTORY:

Similar to A.10185A of 2020, amended and recommitted to codes / S.7076A,
amended and recommitted to codes.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
Ninety days after it shall have become law.

2021-S6420A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6420--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to amend the penal law, in relation to establishing the offense
   of unsolicited disclosure of an intimate image
 
   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 245.12 to
 read as follows:
 § 245.12 UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE.
   1. A PERSON IS GUILTY OF UNSOLICITED DISCLOSURE OF AN  INTIMATE  IMAGE
 WHEN,  WITH  INTENT  TO  HARASS, ANNOY OR ALARM ANOTHER PERSON AND WHICH
 SERVES NO LEGITIMATE PURPOSE, HE OR SHE SENDS BY  ELECTRONIC  DEVICE  AN
 UNSOLICITED INTIMATE IMAGE TO SUCH OTHER PERSON.
   2.  FOR  PURPOSES  OF THIS SECTION: A. "INTIMATE BODY PARTS" MEANS THE
 GENITALS, PUBIC AREA OR ANUS OF ANY PERSON;
   B. "INTIMATE IMAGE" MEANS A PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING  OR
 ANY  OTHER  REPRODUCTION  OF  AN  IMAGE  OF  AN INDIVIDUAL WITH FULLY OR
 PARTIALLY EXPOSED INTIMATE BODY PARTS OR ENGAGED IN SEXUAL ACTIVITY;
   C. "SEND BY ELECTRONIC DEVICE" MEANS TO SEND USING  A  CELLULAR  TELE-
 PHONE  OR  ANY  OTHER ELECTRONIC COMMUNICATION DEVICE, INCLUDING DEVICES
 CAPABLE OF SENDING TEXT MESSAGES OR E-MAILS;
   D. "SEXUAL ACTIVITY" MEANS "SEXUAL INTERCOURSE" AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION 130.00 OF THIS CHAPTER,  "ORAL  SEXUAL  CONDUCT"  OR
 "ANAL SEXUAL CONDUCT" AS DEFINED IN SUBDIVISION TWO OF SECTION 130.00 OF
 THIS  CHAPTER,  TOUCHING  OF THE INTIMATE BODY PARTS OF A PERSON FOR THE
 PURPOSE OF GRATIFYING SEXUAL DESIRE, SEXUAL PENETRATION WITH ANY OBJECT,
 OR THE TRANSMISSION OR APPEARANCE OF SEMEN UPON ANY PART OF THE DEPICTED
 INDIVIDUAL'S BODY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02072-09-2

 S. 6420--A                          2
 
   UNSOLICITED DISCLOSURE OF AN INTIMATE IMAGE IS A VIOLATION.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 AUTHORIZED  DISPOSITION;  UNSOLICITED  DISCLOSURE OF AN INTIMATE
           IMAGE.
   WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 245.12  OF
 THIS  CHAPTER, OR OF AN ATTEMPT TO COMMIT SUCH OFFENSE, THE COURT SHALL,
 WHERE APPROPRIATE, INCLUDE AS A CONDITION OF SUCH SENTENCE  THE  DEFEND-
 ANT'S  SUCCESSFUL  COMPLETION OF A SEXUAL HARASSMENT PREVENTION TRAINING
 PROGRAM APPROVED BY THE DIVISION OF HUMAN RIGHTS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S6420A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 2, 2022 - Codes Committee Vote

Codes Committee Vote: May 2, 2022

Bill Amendments

2021-S6420 - Details

2021-S6420 - Summary

2021-S6420 - Sponsor Memo

2021-S6420 - Bill Text download pdf

co-Sponsors

2021-S6420A (ACTIVE) - Details

2021-S6420A (ACTIVE) - Summary

2021-S6420A (ACTIVE) - Sponsor Memo

2021-S6420A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6420A

Share this bill

Sponsored By

James Skoufis

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2021-S6420 - Details

2021-S6420 - Summary

2021-S6420 - Sponsor Memo

2021-S6420 - Bill Text download pdf

co-Sponsors

Phil Boyle

James Gaughran

2021-S6420A (ACTIVE) - Details

2021-S6420A (ACTIVE) - Summary

2021-S6420A (ACTIVE) - Sponsor Memo

2021-S6420A (ACTIVE) - Bill Text download pdf

Comments