Bill Text: NY S05680 | 2009-2010 | General Assembly | Amended

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Bill Title: Relates to educating children on the harms of electronically sending and posting certain images of themselves.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2010-06-22 - referred to ways and means [S05680 Detail]

Download: New_York-2009-S05680-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5680--A
           Cal. No. 979
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     May 27, 2009
                                      ___________
       Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and  Families  --
         recommitted  to  the  Committee on Children and Families in accordance
         with Senate Rule 6, sec. 8 -- reported favorably from  said  committee
         and  committed  to  the  Committee on Codes -- reported favorably from
         said committee and committed to the Committee on Finance --  committee
         discharged  and  said  bill  committed  to  the  Committee on Rules --
         ordered to a third reading, amended and ordered  reprinted,  retaining
         its place in the order of third reading
       AN  ACT  to  amend  the  executive law and the penal law, in relation to
         educating children on the electronic sending and  posting  of  certain
         images
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 16 of section 501  of  the  executive  law,  as
    2  renumbered by chapter 170 of the laws of 1994, is renumbered subdivision
    3  17 and a new subdivision 16 is added to read as follows:
    4    16.  TO  ESTABLISH  AN  EDUCATIONAL OUTREACH PROGRAM FOR TEXT MESSAGE,
    5  EMAIL AND INTERNET POSTING AWARENESS BY PROVIDING FOR AN ONGOING  PUBLIC
    6  INFORMATION  AND EDUCATIONAL CAMPAIGN ABOUT THE HARM THAT MAY ARISE FROM
    7  ADOLESCENTS SENDING, RECEIVING OR POSTING ON THE INTERNET MESSAGES  THAT
    8  MAY  INCLUDE,  BUT  ARE  NOT  LIMITED TO, PROVOCATIVE OR NUDE IMAGES AND
    9  PHOTOGRAPHS OF THEMSELVES.
   10    (A) SUCH PROGRAM SHALL BE DESIGNED TO PROMOTE (I) INCREASED  AWARENESS
   11  OF THE POTENTIAL LONG-TERM HARM TO PRIVACY INTERESTS ASSOCIATED WITH THE
   12  SENDING,  RECEIVING  OR POSTING OF SUCH IMAGES AND PHOTOGRAPHS; AND (II)
   13  COORDINATION OF PUBLIC AND PRIVATE EFFORTS, INCLUDING BUT NOT LIMITED TO
   14  EFFORTS OF EDUCATORS,  COMMUNITY  ORGANIZATIONS  AND  OTHER  GROUPS,  TO
   15  PROVIDE  EDUCATIONAL  OUTREACH PROGRAMS TO ADOLESCENTS AND THEIR PARENTS
   16  AND CAREGIVERS, EMPHASIZING SUCH POTENTIAL LONG-TERM HARM.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11877-03-0
       S. 5680--A                          2
    1    (B) THE FOLLOWING STRATEGIES, AMONG OTHERS, MAY  BE  USED  TO  PROMOTE
    2  AWARENESS OF THE POTENTIAL LONG-TERM HARM TO ADOLESCENTS' PRIVACY INTER-
    3  ESTS  BY  THE  SENDING,  RECEIVING  OR POSTING OF SUCH IMAGES AND PHOTO-
    4  GRAPHS: (I) OUTREACH CAMPAIGNS BY MEANS OF PRINT, RADIO  AND  TELEVISION
    5  PUBLIC SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS, INTERNET POSTINGS
    6  AND  OTHER  MATERIALS;  (II)  COMMUNITY  INFORMATIONAL FORUMS; AND (III)
    7  DISTRIBUTION OF INFORMATION THROUGH EDUCATORS,  MENTORS,  AND  COMMUNITY
    8  MEMBERS.
    9    S 2. The penal law is amended by adding a new section 40.20 to read as
   10  follows:
   11  S 40.20 CERTAIN ACTS BY A YOUNG PERSON.
   12    IN  ANY  PROSECUTION  PURSUANT  TO SECTION 235.21 OR 235.22 OR SECTION
   13  263.10, 263.11, 263.15 OR 263.16 OF THIS CHAPTER, IT IS  AN  AFFIRMATIVE
   14  DEFENSE  THAT  THE  DEFENDANT WAS LESS THAN EIGHTEEN YEARS OLD, AND THAT
   15  THERE IS A LESS THAN FOUR YEARS AGE DIFFERENCE BETWEEN THE DEFENDANT AND
   16  THE RECIPIENT AT THE TIME OF THE ACT, AND THE DEPICTION  OR  DESCRIPTION
   17  WAS  NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS CHAP-
   18  TER, AND BOTH THE DEFENDANT AND THE  RECIPIENT  EXPRESSLY  OR  IMPLIEDLY
   19  ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT
   20  FROM  SUCH CONDUCT.   THE AFFIRMATIVE DEFENSE SHALL NOT BE AVAILABLE FOR
   21  ANY SUBSEQUENT TRANSFER OF THE DEPICTION OR DESCRIPTION, AND SHALL  ONLY
   22  APPLY TO THE ORIGINAL SINGLE TRANSFER TO A SINGLE RECIPIENT.
   23    S  3.  This act shall take effect immediately; provided, however, that
   24  section one of this act shall take effect on the ninetieth day after  it
   25  shall have become a law.