Bill Text: NY S03378 | 2013-2014 | General Assembly | Amended

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Bill Title: Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, the dissemination of an image of a person to a computer network internet website that is obscene, without the consent or knowledge of the person in the image.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2014-06-18 - referred to codes [S03378 Detail]

Download: New_York-2013-S03378-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3378--A
           Cal. No. 215
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       Introduced  by  Sens. YOUNG, DeFRANCISCO, GOLDEN, O'MARA, RANZENHOFER --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee  on  Codes  -- recommitted to the Committee on Codes in
         accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
         committee,  ordered  to  first  and  second report, ordered to a third
         reading, amended and ordered reprinted, retaining  its  place  in  the
         order of third reading
       AN  ACT  to  amend the penal law, in relation to prohibiting the dissem-
         ination of any image of a person to an obscene internet website, with-
         out such person's knowledge or consent
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 250.55 of the penal law, as added by chapter 69 of
    2  the laws of 2003, is amended to read as follows:
    3  S 250.55 Dissemination of an unlawful surveillance image in  the  second
    4             degree.
    5    A  person is guilty of dissemination of an unlawful surveillance image
    6  in the second degree when [he]:
    7    1. HE or she, with knowledge of the unlawful conduct by which an image
    8  or images of the sexual or other intimate parts  of  another  person  or
    9  persons were obtained and such unlawful conduct would satisfy the essen-
   10  tial  elements  of  the  crime  of unlawful surveillance in the first or
   11  second degree, intentionally disseminates such image or images[.]; OR
   12    2. WITHOUT THE KNOWLEDGE OR CONSENT  OF  ANOTHER  PERSON,  HE  OR  SHE
   13  DISSEMINATES  AN  IMAGE OF THAT PERSON WHICH HE OR SHE KNOWS IS OBSCENE,
   14  TO A COMPUTER NETWORK INTERNET WEBSITE. FOR THE PURPOSE OF THIS SECTION,
   15  "OBSCENE" SHALL HAVE THE SAME MEANING AS IT IS  DEFINED  IN  SUBDIVISION
   16  ONE  OF  SECTION 235.00 OF THIS PART.  NOTHING IN THIS SUBDIVISION SHALL
   17  BE CONSTRUED TO  IMPOSE  LIABILITY  OR  CULPABILITY  ON  AN  INTERACTIVE
   18  COMPUTER  SERVICE  AS DEFINED IN 47 U.S.C.  230(F)(2), OR AN INFORMATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06429-02-4
       S. 3378--A                          2
    1  SERVICE OR TELECOMMUNICATION SERVICE AS DEFINED IN 47  U.S.C.  153,  FOR
    2  CONTENT PROVIDED BY ANOTHER PERSON.
    3    Dissemination  of  an unlawful surveillance image in the second degree
    4  is a class A misdemeanor.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.