S T A T E O F N E W Y O R K ________________________________________________________________________ 1483 2015-2016 Regular Sessions I N A S S E M B L Y January 12, 2015 ___________ Introduced by M. of A. CUSICK, TITONE, MALLIOTAKIS, BORELLI, ABINANTI, CURRAN -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting the dissem- ination of an image of a crime victim by public servants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as "Caroline's 2 Law". 3 S 2. The penal law is amended by adding a new section 250.70 to read 4 as follows: 5 S 250.70 DISSEMINATION OF AN IMAGE OF A CRIME VICTIM. 6 1. A PERSON IS GUILTY OF DISSEMINATION OF AN IMAGE OF A CRIME VICTIM 7 WHERE (A) THE PERSON IS A PUBLIC SERVANT OR IS PERFORMING THE DUTIES OF 8 A PUBLIC SERVANT IN RESPONDING TO AN EMERGENCY CALL; (B) WHILE IN THE 9 COURSE OF HIS OR HER OFFICIAL DUTIES, RECORDS A STILL IMAGE OR MOTION 10 PICTURE OF A CRIME VICTIM; AND (C) INTENTIONALLY BROADCASTS OR PUBLISHES 11 SUCH IMAGES OR MOTION PICTURES OUTSIDE OF THE COURSE OF CONDUCT OF THE 12 PUBLIC SERVANT'S OFFICIAL DUTIES; EXCEPT, THAT NOTHING HEREIN SHALL BE 13 CONSTRUED TO IMPAIR OR DIMINISH THE RIGHT TO USE SUCH IMAGES OR MOTION 14 PICTURES FOR OFFICIAL TRAINING PURPOSES. 15 2. FOR PURPOSES OF THIS SECTION: 16 (A) "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH 17 THE INTENT THAT IT BE VIEWED BY A PERSON. 18 (B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER, MAIL, SEND, 19 FORWARD, TRANSFER OR TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER 20 PERSON. 21 (C) "PUBLISH" MEANS TO (I) POST, PRESENT, DISPLAY, EXHIBIT, CIRCULATE, 22 ADVERTISE OR ALLOW ACCESS, ELECTRONICALLY OR OTHERWISE, SO AS TO MAKE AN 23 IMAGE OR IMAGES AVAILABLE TO THE PUBLIC; OR (II) DISSEMINATE WITH THE 24 INTENT THAT AN IMAGE OR IMAGES BE POSTED, PRESENTED, DISPLAYED, EXHIB- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01881-01-5 A. 1483 2 1 ITED, CIRCULATED, ADVERTISED OR MADE ACCESSIBLE, ELECTRONICALLY OR 2 OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC. 3 DISSEMINATION OF AN IMAGE OF A CRIME VICTIM IS A CLASS A MISDEMEANOR. 4 S 3. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law.