Bill Text: NY S04740 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 4740

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S04740 Detail]

Download: New_York-2023-S04740-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          4740

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 14, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- 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 establishing  the  offense
          of unsolicited disclosure of an intimate image

          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 a new section 245.12  to
     2  read as follows:
     3  § 245.12 Unsolicited disclosure of an intimate image.
     4    1.  A  person is guilty of unsolicited disclosure of an intimate image
     5  when, with intent to harass, annoy or alarm  another  person  and  which
     6  serves  no  legitimate  purpose, he or she sends by electronic device an
     7  unsolicited intimate image to such other person.
     8    2. For purposes of this section: a. "intimate body  parts"  means  the
     9  genitals, pubic area or anus of any person;
    10    b.  "intimate image" means a photograph, film, videotape, recording or
    11  any other reproduction of an  image  of  an  individual  with  fully  or
    12  partially exposed intimate body parts or engaged in sexual activity;
    13    c.  "send  by  electronic device" means to send using a cellular tele-
    14  phone or any other electronic communication  device,  including  devices
    15  capable of sending text messages or e-mails;
    16    d. "sexual activity" means "sexual intercourse" as defined in subdivi-
    17  sion  one  of  section  130.00 of this chapter, "oral sexual conduct" or
    18  "anal sexual conduct" as defined in subdivision two of section 130.00 of
    19  this chapter, touching of the intimate body parts of a  person  for  the
    20  purpose of gratifying sexual desire, sexual penetration with any object,
    21  or the transmission or appearance of semen upon any part of the depicted
    22  individual's body.
    23    Unsolicited disclosure of an intimate image is a violation.
    24    § 2. The penal law is amended by adding a new section 60.38 to read as
    25  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02077-01-3

        S. 4740                             2

     1  § 60.38 Authorized  disposition;  unsolicited  disclosure of an intimate
     2            image.
     3    When  a person is convicted of an offense defined in section 245.12 of
     4  this chapter, or of an attempt to commit such offense, the court  shall,
     5  where  appropriate,  include as a condition of such sentence the defend-
     6  ant's successful completion of a sexual harassment  prevention  training
     7  program approved by the division of human rights.
     8    §  3.  This  act shall take effect on the ninetieth day after it shall
     9  have become a law.