Bill Text: NY A02562 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to establishing the crimes of revenge exposure in the third degree, revenge exposure in the second degree and revenge exposure in the first degree.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced - Dead) 2016-03-29 - held for consideration in codes [A02562 Detail]

Download: New_York-2015-A02562-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2562
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of A. KATZ -- Multi-Sponsored by -- M. of A. GIGLIO,
         GRAF, SKOUFIS, TENNEY -- read once and referred to  the  Committee  on
         Codes
       AN ACT to amend the penal law, in relation to establishing the crimes of
         revenge  exposure  in the third degree, revenge exposure in the second
         degree and revenge exposure in the first degree
         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 the "state
    2  legislation for inappropriate exposure (SLFIE) act".
    3    S 2. The penal law is amended by adding a new section 240.27  to  read
    4  as follows:
    5  S 240.27 REVENGE EXPOSURE IN THE THIRD DEGREE.
    6    A  PERSON IS GUILTY OF REVENGE EXPOSURE IN THE THIRD DEGREE WHEN HE OR
    7  SHE KNOWINGLY DISSEMINATES, OR KNOWINGLY CAUSES  TO  BE  DISSEMINATED  A
    8  PHOTOGRAPH,  FILM, VIDEOTAPE, RECORDING, OR ANY OTHER REPRODUCTION OF AN
    9  IMAGE THAT DEPICTS NUDITY OR ACTIONS OF A SEXUALLY  EXPLICIT  NATURE  OF
   10  ANOTHER IDENTIFIABLE PERSON OVER THE AGE OF EIGHTEEN WITHOUT THE CONSENT
   11  OF THE DEPICTED INDIVIDUAL AND UNDER CIRCUMSTANCES IN WHICH THE INDIVID-
   12  UAL HAS A REASONABLE EXPECTATION OF PRIVACY.
   13    WHERE  THE  INDIVIDUAL  DEPICTED IS UNDER THE AGE OF EIGHTEEN, ARTICLE
   14  TWO HUNDRED SIXTY-THREE OF THIS PART WILL APPLY.
   15    WHERE A PERSON WRONGFULLY TAKES, OBTAINS OR WITHHOLDS A PHOTOGRAPH  OR
   16  VIDEO  THAT  DEPICTS  NUDITY OR ACTIONS OF A SEXUALLY EXPLICIT NATURE OF
   17  ANOTHER IDENTIFIABLE PERSON  OVER  THE  AGE  OF  EIGHTEEN,  ARTICLE  ONE
   18  HUNDRED FIFTY-FIVE OF THIS PART WILL ALSO APPLY.
   19    REVENGE EXPOSURE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   20    S  3.  The penal law is amended by adding a new section 240.28 to read
   21  as follows:
   22  S 240.28 REVENGE EXPOSURE IN THE SECOND DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04419-01-5
       A. 2562                             2
    1    A PERSON IS GUILTY OF REVENGE EXPOSURE IN THE SECOND DEGREE WHEN HE OR
    2  SHE KNOWINGLY DISSEMINATES, OR KNOWINGLY CAUSES TO BE  DISSEMINATED,  OR
    3  KNOWINGLY  DISSEMINATES  TO  A THIRD PERSON WHO KNOWINGLY DISSEMINATES A
    4  PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING, OR ANY OTHER REPRODUCTION OF  AN
    5  IMAGE  THAT  DEPICTS  NUDITY OR ACTIONS OF A SEXUALLY EXPLICIT NATURE OF
    6  ANOTHER IDENTIFIABLE PERSON OVER THE AGE OF EIGHTEEN WITHOUT THE CONSENT
    7  OF THE DEPICTED INDIVIDUAL, UNDER CIRCUMSTANCES IN WHICH THE  INDIVIDUAL
    8  HAS A REASONABLE EXPECTATION OF PRIVACY, AND WITH THE INTENT TO EITHER:
    9    1. CAUSE SERIOUS EMOTIONAL DISTRESS; OR
   10    2. OBTAIN A PROFIT.
   11    WHERE  THE  INDIVIDUAL  DEPICTED IS UNDER THE AGE OF EIGHTEEN, ARTICLE
   12  TWO HUNDRED SIXTY-THREE OF THIS PART WILL APPLY.
   13    WHERE A PERSON WRONGFULLY TAKES, OBTAINS OR WITHHOLDS A PHOTOGRAPH  OR
   14  VIDEO  THAT  DEPICTS  NUDITY OR ACTIONS OF A SEXUALLY EXPLICIT NATURE OF
   15  ANOTHER IDENTIFIABLE PERSON  OVER  THE  AGE  OF  EIGHTEEN,  ARTICLE  ONE
   16  HUNDRED FIFTY-FIVE OF THIS PART WILL ALSO APPLY.
   17    REVENGE EXPOSURE IN THE SECOND DEGREE IS A CLASS E FELONY.
   18    S  4.  The penal law is amended by adding a new section 240.29 to read
   19  as follows:
   20  S 240.29 REVENGE EXPOSURE IN THE FIRST DEGREE.
   21    A PERSON IS GUILTY OF REVENGE EXPOSURE IN THE FIRST DEGREE WHEN:
   22    1. HE OR SHE COMMITS THE CRIME  OF  REVENGE  EXPOSURE  IN  THE  SECOND
   23  DEGREE IN VIOLATION OF SECTION 240.28 OF THIS ARTICLE, AND HAS PREVIOUS-
   24  LY BEEN CONVICTED OF THAT CRIME; OR
   25    2. HE OR SHE COMMITS THE CRIME OF REVENGE EXPOSURE IN THE THIRD DEGREE
   26  IN  VIOLATION  OF  SECTION 240.27 OF THIS ARTICLE OR REVENGE EXPOSURE IN
   27  THE SECOND DEGREE IN VIOLATION OF SECTION 240.28  OF  THIS  ARTICLE  AND
   28  RECEIVES  OR  OBTAINS THE PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING, OR ANY
   29  OTHER REPRODUCTION OF AN IMAGE WITHOUT THE CONSENT OF THE INDIVIDUAL WHO
   30  HAS FIRST POSSESSION OF THE PHOTOGRAPH, FILM, VIDEOTAPE,  RECORDING,  OR
   31  ANY OTHER REPRODUCTION.
   32    REVENGE EXPOSURE IN THE FIRST DEGREE IS A CLASS D FELONY.
   33    S 5. This act shall take effect on the first of November next succeed-
   34  ing the date on which it shall have become a law.