Bill Text: NY A08031 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 8031 (Prior Session Legislation)

Introduced

Bill Title: Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York.

Sponsorship: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A08031 Detail]

Download: New_York-2011-A08031-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8031
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2011
                                      ___________
       Introduced  by M. of A. RAMOS -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the military law, the civil rights  law  and  the  penal
         law, in relation to unauthorized use of names and images of members of
         the armed forces or organized militia of New York
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The military law is amended by adding a new section 267  to
    2  read as follows:
    3    S  267.  RIGHT  OF  PRIVACY  OF  MILITARY PERSONNEL. A PERSON, FIRM OR
    4  CORPORATION THAT USES FOR ADVERTISING PURPOSES, OR FOR THE  PURPOSES  OF
    5  TRADE,  THE  NAME, PORTRAIT OR PICTURE OF ANY MEMBER OF THE ARMED FORCES
    6  OR ORGANIZED MILITIA OF NEW YORK, LIVING  OR  DECEASED,  WITHOUT  HAVING
    7  FIRST  OBTAINED  THE  WRITTEN  CONSENT  OF  SUCH PERSON IF LIVING, OR IF
    8  DECEASED OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY  SPOUSE,  CHIL-
    9  DREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS GUILTY OF A CLASS E FELONY.
   10    S 2. Section 50 of the civil rights law is amended to read as follows:
   11    S 50. Right of privacy. 1. A person, firm or corporation that uses for
   12  advertising  purposes,  or for the purposes of trade, the name, portrait
   13  or picture of any living person without having first obtained the  writ-
   14  ten consent of such person, or if a minor of his or her parent or guard-
   15  ian, is guilty of a CLASS A misdemeanor.
   16    2.  A  PERSON, FIRM OR CORPORATION THAT USES FOR ADVERTISING PURPOSES,
   17  OR FOR THE PURPOSES OF TRADE, THE  NAME,  PORTRAIT  OR  PICTURE  OF  ANY
   18  MEMBER  OF  THE ARMED FORCES OR ORGANIZED MILITIA OF NEW YORK, LIVING OR
   19  DECEASED, WITHOUT HAVING FIRST OBTAINED  THE  WRITTEN  CONSENT  OF  SUCH
   20  PERSON  IF  LIVING,  OR  IF  DECEASED  OF HIS OR HER SURVIVING RELATIVES
   21  INCLUDING ANY SPOUSE, CHILDREN, PARENTS, GRANDPARENTS AND  SIBLINGS,  IS
   22  GUILTY OF A CLASS E FELONY.
   23    S  3.  The  penal law is amended by adding two new sections 250.70 and
   24  270.75 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11264-01-1
       A. 8031                             2
    1  S 250.70 INVASION OF PRIVACY IN THE SECOND DEGREE.
    2    A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE SECOND DEGREE WHEN HE
    3  OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
    4  PICTURE OF ANY LIVING PERSON, WITHOUT HAVING FIRST OBTAINED THE  WRITTEN
    5  CONSENT  OF SUCH PERSON, OR THE NAME, PORTRAIT OR PICTURE IS OF A MINOR,
    6  WITHOUT HAVING FIRST OBTAINED PERMISSION OF HIS OR HER PARENT OR GUARDI-
    7  AN.
    8    INVASION OF PRIVACY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
    9  S 250.75 INVASION OF PRIVACY IN THE FIRST DEGREE.
   10    A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE FIRST DEGREE WHEN  HE
   11  OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
   12  PICTURE OF ANY MEMBER OF THE ARMED FORCES OR ORGANIZED  MILITIA  OF  NEW
   13  YORK,  WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON,
   14  OR IF THE NAME, PORTRAIT OR PICTURE IS OF A DECEASED MEMBER OF THE ARMED
   15  FORCES OR ORGANIZED MILITIA OF NEW YORK, WITHOUT HAVING  FIRST  OBTAINED
   16  PERMISSION OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL-
   17  DREN, PARENTS, GRANDPARENTS AND SIBLINGS.
   18    INVASION OF PRIVACY IN THE FIRST DEGREE IS A CLASS E FELONY.
   19    S  4.  Severability.  If any clause, sentence, paragraph, subdivision,
   20  section or part of this article shall be adjudged by a court  of  compe-
   21  tent  jurisdiction to be invalid, such judgment shall not affect, impair
   22  or invalidate the remainder thereof, but shall be confined in its opera-
   23  tion to the clause, sentence, paragraph, subdivision, section or part of
   24  this article directly involved in the controversy in which such judgment
   25  shall have been rendered.
   26    S 5. This act shall take effect immediately.