Bill Text: NY S08202 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to making it unlawful for a caretaker to post a vulnerable elderly person on social media without their consent.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-09-30 - REFERRED TO RULES [S08202 Detail]

Download: New_York-2015-S08202-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8202
                    IN SENATE
                                   September 30, 2016
                                       ___________
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the penal law, in relation to elder abuse through social
          media
          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 260.40 to
     2  read as follows:
     3  § 260.40 Unlawful posting of  a  vulnerable  elderly  person  on  social
     4             media.
     5    A  person is guilty of unlawful posting of a vulnerable elderly person
     6  on social media when, being a caregiver while performing their  duty  of
     7  care  for a vulnerable elderly person, he or she posts an image or video
     8  of such person on social media including, but not limited  to  Facebook,
     9  YouTube,  Twitter, Instagram, Snapchat, Tumblr, Flickr and Vine, without
    10  such person's consent.
    11    1. The following definitions are applicable to this section:
    12    (a) "Forcible compulsion" means to compel by either:
    13    (i) use of physical force; or
    14    (ii) a threat, express or implied, which places a person  in  fear  of
    15  immediate  death  or  physical  injury  to  himself,  herself or another
    16  person, or in fear that he, she or another person  will  immediately  be
    17  kidnapped.
    18    (b)  "Physical helplessness" means that a person is unconscious or for
    19  any other reason is physically unable to communicate unwillingness to an
    20  act.
    21    (c) "Mental incapacity" means an individual does  not  comprehend  the
    22  nature and consequences of what he or she consents to.
    23    (d)  "Mental  disability"  means  that  a person suffers from a mental
    24  disease or defect  which  renders  him  or  her  incapable  of  informed
    25  consent.
    26    (e)  "Caregiver" means a person who (i) assumes responsibility for the
    27  care of a vulnerable elderly person pursuant  to  a  court  order;  (ii)
    28  receives monetary or other valuable consideration for providing care for
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16097-03-6
        S. 8202                             2
     1  a  vulnerable  elderly  person;  (iii) is identified as a caregiver by a
     2  patient under the public health law who provides  after-care  assistance
     3  to  a  patient living in his or her residence including, but not limited
     4  to,  a  relative,  partner,  friend  or  neighbor  who has a significant
     5  relationship with the patient; or (iv) is an informal caregiver such  as
     6  a  family member, friend, neighbor, or other natural person who normally
     7  provides the daily care or supervision of a  vulnerable  elderly  person
     8  who  may,  but  need  not reside in the same household as the vulnerable
     9  elderly person.
    10    (f) "Vulnerable elderly person" means a person sixty years of  age  or
    11  older  who  is  suffering  from  a  disease or infirmity associated with
    12  advanced  age  and  manifested  by  demonstrable  physical,  mental   or
    13  emotional  dysfunction  to  the  extent  that the person is incapable of
    14  adequately providing for his or her own health or personal care.
    15    2. Lack of consent under this section results from:
    16    (a) forcible compulsion;
    17    (b) physical helplessness;
    18    (c) mental incapacity;
    19    (d) mental disability; or
    20    (e) any circumstance  in  which  the  victim  does  not  expressly  or
    21  impliedly acquiesce in the actor's conduct.
    22    Unlawful  posting  of a vulnerable elderly person on social media is a
    23  class A misdemeanor.
    24    § 2. This act shall take effect on the first of November next succeed-
    25  ing the date on which it shall have become a law.