Bill Text: NY A08238 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 8238 (Prior Session Legislation)

Introduced

Bill Title: Establishes the crime of unlawful broadcast of criminal activity; prohibits the live broadcast of the commission of a felony by the person committing such acts or by an accomplice or agent.

Spectrum: Slight Partisan Bill (Democrat 11-6)

Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A08238 Detail]

Download: New_York-2017-A08238-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8238
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 2, 2017
                                       ___________
        Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crime  of
          unlawful broadcast of criminal activity
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding two new sections  245.15
     2  and 245.20 to read as follows:
     3  § 245.15 Unlawful broadcast of criminal activity in the second degree.
     4    1.  A  person  is guilty of unlawful broadcast of criminal activity in
     5  the second degree when he or she, during  the  commission  of  any  acts
     6  constituting  any  felony  offense,  or  acting as an accomplice to such
     7  offense, or acting as an agent to the person who commits  such  offense,
     8  broadcasts  or causes to be broadcast or disseminated live video of such
     9  acts on any media format.
    10    2. For the purposes of this section and section 245.20 of  this  arti-
    11  cle:
    12    (a)  "Broadcast" means electronically transmitting a visual image with
    13  the intent that it be viewed by a person.
    14    (b) "Disseminate" means to give, provide, lend, deliver,  mail,  send,
    15  forward,  transfer  or  transmit, electronically or otherwise to another
    16  person.
    17    Unlawful broadcast of criminal activity in  the  second  degree  is  a
    18  class E felony.
    19  § 245.20 Unlawful broadcast of criminal activity in the first degree.
    20    1.  A  person  is guilty of unlawful broadcast of criminal activity in
    21  the first degree when he or she,  during  the  commission  of  any  acts
    22  constituting  a  violent  felony  offense as defined in section 70.02 of
    23  this chapter, or acting as an accomplice to such offense, or  acting  as
    24  an agent to the person who commits such offense, broadcasts or causes to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11299-01-7

        A. 8238                             2
     1  be  broadcast  or  disseminated  live  video  of  such acts on any media
     2  format.
     3    Unlawful broadcast of criminal activity in the first degree is a class
     4  D felony.
     5    §  2.  This  act  shall take effect on the sixtieth day after it shall
     6  have become a law.