Bill Text: NY S00642 | 2017-2018 | General Assembly | Introduced

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Bill Title: Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-03-19 - referred to codes [S00642 Detail]

Download: New_York-2017-S00642-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           642
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to  creating  the  crimes  of
          unlawful  dissemination  of  an intimate image in the first and second
          degrees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  section heading and the opening paragraph of section
     2  250.40 of the penal law, as added by chapter 69 of the laws of 2003, are
     3  amended to read as follows:
     4    Unlawful surveillance and dissemination; definitions.
     5    The following definitions shall  apply  to  sections  250.45,  250.50,
     6  250.55 [and], 250.60, 250.70 and 250.75 of this article:
     7    §  2.  The  penal law is amended by adding two new sections 250.70 and
     8  250.75 to read as follows:
     9  § 250.70 Unlawful dissemination of  an  intimate  image  in  the  second
    10             degree.
    11    A  person  is guilty of unlawful dissemination of an intimate image in
    12  the second degree when, with intent to harass, annoy  or  alarm  another
    13  person,  he  or she intentionally disseminates an image or images of the
    14  sexual or other  intimate  parts  of  another  person  without  explicit
    15  consent of such person to disseminate such image.
    16    Unlawful  dissemination of an intimate image in the second degree is a
    17  class A misdemeanor.
    18  § 250.75 Unlawful dissemination  of  an  intimate  image  in  the  first
    19             degree.
    20    A  person  is guilty of unlawful dissemination of an intimate image in
    21  the first degree when he or she commits the crime  of  unlawful  dissem-
    22  ination  of  an  intimate  image in the second degree and has previously
    23  been convicted within the past ten years of unlawful dissemination of an
    24  intimate image in the first or second degree.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03029-01-7
        S. 642                              2
     1    Unlawful dissemination of an intimate image in the first degree  is  a
     2  class E felony.
     3    §  3. Nothing in this act shall be construed to impose liability on an
     4  interactive computer service for content provided by another person. The
     5  term "interactive  computer  service"  means  any  information  service,
     6  system,  or  access  software provider that provides or enables computer
     7  access by multiple users to a computer server, including specifically  a
     8  service  or system that provides access to the Internet and such systems
     9  operated or services offered by libraries or educational institutions.
    10    § 4. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.