Bill Text: NY A01203 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to educating children on the harms of electronically sending and posting certain images of themselves.
Status: (Introduced) 2014-01-08 - referred to codes [A01203 Detail]
S T A T E O F N E W Y O R K ________________________________________________________________________ 1203 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. ZEBROWSKI, GUNTHER, CUSICK, HOOPER, GALEF, CASTRO, GABRYSZAK, LENTOL, ORTIZ, RAIA -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, CAMARA, CROUCH, DUPREY, GIGLIO, GLICK, HEASTIE, JAFFEE, MAGEE, MARKEY, PERRY, ROBINSON, RUSSELL, SCHIMEL, SWEENEY, TITONE, WEISENBERG -- read once and referred to the Committee on Codes AN ACT to amend the executive law and the penal law, in relation to educating children on the electronic sending and posting of certain images THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 16 of section 501 of the executive law, as 2 renumbered by chapter 170 of the laws of 1994, is renumbered subdivision 3 17 and a new subdivision 16 is added to read as follows: 4 16. TO ESTABLISH AN EDUCATIONAL OUTREACH PROGRAM FOR TEXT MESSAGE, 5 EMAIL AND INTERNET POSTING AWARENESS BY PROVIDING FOR AN ONGOING PUBLIC 6 INFORMATION AND EDUCATIONAL CAMPAIGN ABOUT THE HARM THAT MAY ARISE FROM 7 ADOLESCENTS SENDING, RECEIVING OR POSTING ON THE INTERNET MESSAGES THAT 8 MAY INCLUDE, BUT ARE NOT LIMITED TO, PROVOCATIVE OR NUDE IMAGES AND 9 PHOTOGRAPHS OF THEMSELVES. 10 (A) SUCH PROGRAM SHALL BE DESIGNED TO PROMOTE (I) INCREASED AWARENESS 11 OF THE POTENTIAL LONG-TERM HARM TO PRIVACY INTERESTS ASSOCIATED WITH THE 12 SENDING, RECEIVING OR POSTING OF SUCH IMAGES AND PHOTOGRAPHS; AND (II) 13 COORDINATION OF PUBLIC AND PRIVATE EFFORTS, INCLUDING BUT NOT LIMITED TO 14 EFFORTS OF EDUCATORS, COMMUNITY ORGANIZATIONS AND OTHER GROUPS, TO 15 PROVIDE EDUCATIONAL OUTREACH PROGRAMS TO ADOLESCENTS AND THEIR PARENTS 16 AND CAREGIVERS, EMPHASIZING SUCH POTENTIAL LONG-TERM HARM. 17 (B) THE FOLLOWING STRATEGIES, AMONG OTHERS, MAY BE USED TO PROMOTE 18 AWARENESS OF THE POTENTIAL LONG-TERM HARM TO ADOLESCENTS' PRIVACY INTER- 19 ESTS BY THE SENDING, RECEIVING OR POSTING OF SUCH IMAGES AND PHOTO- 20 GRAPHS: (I) OUTREACH CAMPAIGNS BY MEANS OF PRINT, RADIO AND TELEVISION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00423-01-3 A. 1203 2 1 PUBLIC SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS, INTERNET POSTINGS 2 AND OTHER MATERIALS; (II) COMMUNITY INFORMATIONAL FORUMS; AND (III) 3 DISTRIBUTION OF INFORMATION THROUGH EDUCATORS, MENTORS, AND COMMUNITY 4 MEMBERS. 5 S 2. The penal law is amended by adding a new section 40.20 to read as 6 follows: 7 S 40.20 CERTAIN ACTS BY A YOUNG PERSON. 8 IN ANY PROSECUTION PURSUANT TO SECTION 235.21 OR 235.22 OR SECTION 9 263.10, 263.11, 263.15 OR 263.16 OF THIS CHAPTER, IT IS AN AFFIRMATIVE 10 DEFENSE THAT THE DEFENDANT WAS LESS THAN EIGHTEEN YEARS OLD, AND THAT 11 THERE IS A LESS THAN FOUR YEARS AGE DIFFERENCE BETWEEN THE DEFENDANT AND 12 THE RECIPIENT AT THE TIME OF THE ACT, AND THE DEPICTION OR DESCRIPTION 13 WAS NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS CHAP- 14 TER, AND BOTH THE DEFENDANT AND THE RECIPIENT EXPRESSLY OR IMPLIEDLY 15 ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT 16 FROM SUCH CONDUCT. 17 S 3. This act shall take effect immediately; provided, however, that 18 section one of this act shall take effect on the ninetieth day after it 19 shall have become a law.