Bill Text: NY A07519 | 2023-2024 | General Assembly | Amended
Bill Title: Prohibits accessing or distributing certain sexually explicit depictions of children; prohibits consent to such depictions by anyone under eighteen years of age; makes such crimes eligible for bail; includes certain crimes as sex offenses.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced) 2024-05-14 - print number 7519b [A07519 Detail]
Download: New_York-2023-A07519-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7519--B 2023-2024 Regular Sessions IN ASSEMBLY May 25, 2023 ___________ Introduced by M. of A. SILLITTI, McDONALD, BRONSON, CONRAD, DICKENS, ARDILA, GLICK, BUTTENSCHON, HYNDMAN, ZEBROWSKI, LEVENBERG, ZACCARO, DAVILA -- read once and referred to the Committee on Codes -- recom- mitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee AN ACT to amend the penal law, the criminal procedure law and the correction law, in relation to establishing offenses involving sexual- ly explicit digital alterations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "digital alterations protections act". 3 § 2. The penal law is amended by adding a new article 246 to read as 4 follows: 5 ARTICLE 246 6 OFFENSES INVOLVING SEXUALLY EXPLICIT DIGITAL ALTERATIONS 7 Section 246.00 Definitions. 8 246.05 Unlawful access of a sexually explicit depiction of a 9 child. 10 246.10 Unlawful distribution of a sexually explicit depiction of 11 a child in the second degree. 12 246.15 Unlawful distribution of a sexually explicit depiction of 13 a child in the first degree. 14 246.20 Disclaimers. 15 246.25 Consent. 16 246.30 Application of article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11051-07-4A. 7519--B 2 1 § 246.00 Definitions. 2 As used in this article, the following definitions shall apply: 3 1. "Disseminate" and "publish" shall have the same meanings as such 4 terms are defined in section 250.40 of this title. 5 2. "Create" means to design, develop, devise, generate, issue, make, 6 manufacture, produce, or transmute. 7 3. "Sexually explicit depiction" means any work created through sexu- 8 ally explicit digitization, including still and audio visual depictions. 9 4. "Sexually explicit digitization" means a realistic depiction of 10 either: (a) the nude body parts of another human being as the nude body 11 parts of the depicted individual or computer-generated nude body parts 12 as the nude body parts of the depicted individual; or (b) the depicted 13 individual engaging in sexual conduct, as defined by subdivision three 14 of section 263.00 of this part, or sexual contact, as defined by subdi- 15 vision three of section 130.00 of this part, in which the depicted indi- 16 vidual did not engage. 17 5. "Audio visual" means any film, motion picture, audio and/or visual 18 recording, digital image, computer image or computer-generated image. 19 6. "Sexually explicit material" means any portion of a sexually 20 explicit depiction that shows the depicted individual performing, or 21 appearing to perform, in the nude, meaning with an unclothed or exposed 22 intimate part, as defined in section 245.15 of this title, or performing 23 in, appearing to perform in, or being subjected to, sexual conduct, as 24 defined by subdivision three of section 263.00 of this part, or sexual 25 contact, as defined by subdivision three of section 130.00 of this part. 26 7. "Depicted individual" means an identifiable person who appears, as 27 a result of sexually explicit digitization, to be engaging in conduct in 28 which the identifiable person did not actually engage in or that was 29 actually engaged in by the identifiable person but the depiction of the 30 actual conduct was subsequently altered to be in violation of this arti- 31 cle. 32 8. "Identifiable person" means an individual whose image is or would 33 be reasonably identifiable as a specific person. Such identification 34 can be based upon the sexually explicit depiction itself or from infor- 35 mation displayed in connection with any sexually explicit depiction. 36 9. "Individual" means a natural, human being. 37 § 246.05 Unlawful access of a sexually explicit depiction of a child. 38 A person is guilty of unlawful access of a sexually explicit depiction 39 of a child when the person, knowing the character and content thereof, 40 knowingly accesses any sexually explicit material of a depicted individ- 41 ual with the intent to view and sexually gratify any person and such 42 person knows or reasonably should have known that the depicted individ- 43 ual is less than seventeen years of age. 44 Unlawful access of a sexually explicit depiction of a child is a class 45 A misdemeanor. 46 § 246.10 Unlawful distribution of a sexually explicit depiction of a 47 child in the second degree. 48 A person is guilty of unlawful distribution of a sexually explicit 49 depiction of a child in the second degree when the person, knowing the 50 character and content thereof, disseminates or publishes sexually 51 explicit material that includes a depicted individual, and such person 52 knows or reasonably should have known that the depicted individual is 53 less than seventeen years of age. 54 Unlawful distribution of a sexually explicit depiction of a child in 55 the second degree is a class E felony.A. 7519--B 3 1 § 246.15 Unlawful distribution of a sexually explicit depiction of a 2 child in the first degree. 3 A person is guilty of unlawful distribution of a sexually explicit 4 depiction of a child in the first degree when the person, knowing the 5 character and content thereof, creates and either disseminates or 6 publishes sexually explicit material that includes a depicted individual 7 and such depicted individual is less than seventeen years of age. 8 Unlawful distribution of a sexually explicit depiction of a child in 9 the first degree is a class D felony. 10 § 246.20 Disclaimers. 11 It shall not be a defense under this article that: 12 1. there is a disclaimer included in the sexually explicit depiction 13 that communicates that the inclusion of the depicted individual was 14 unauthorized, that the depicted individual did not participate in the 15 creation or development of the sexually explicit depiction, or that the 16 sexually explicit depiction has been altered through digitization; or 17 2. the features of the depicted individual have been or were altered 18 prior to or after the creation or distribution of the sexually explicit 19 material, provided that the depicted individual remains an identifiable 20 person. 21 § 246.25 Consent. 22 A person under eighteen years of age shall be incapable of consent. 23 No adult can consent on behalf of a person under eighteen years of age. 24 § 246.30 Application of article. 25 1. This article shall not apply to the following: 26 (a) the reporting of unlawful conduct; 27 (b) the creation, dissemination, or publication of a sexually explicit 28 depiction of a depicted individual made for law enforcement purposes, 29 legal proceedings, or lawful medical treatments; or 30 (c) the creation, dissemination, or publication of a sexually explicit 31 depiction made for a legitimate public purpose, including for political 32 or newsworthy value or similar work, commentary, criticism, or disclo- 33 sure that is otherwise protected by the constitution of this state or of 34 the United States, provided that sexually explicit material shall not be 35 considered of newsworthy value solely because the depicted individual is 36 a public figure. 37 2. Nothing in this article shall be construed to limit, or to enlarge, 38 the protections that 47 U.S.C. § 230 confers on an interactive computer 39 service for content provided by another information content provider, as 40 such terms are defined in 47 U.S.C. § 230. 41 § 3. Paragraph (a) of subdivision 1 of section 245.15 of the penal 42 law, as amended by chapter 513 of the laws of 2023, is amended to read 43 as follows: 44 (a) with intent to sexually gratify that person or another person or 45 with the intent to cause harm to the reputation or emotional, financial 46 or physical welfare of another person, they intentionally disseminate or 47 publish a still or video image depicting such other person with one or 48 more intimate parts exposed or engaging in sexual conduct with another 49 person, including an image created or altered by digitization, where 50 such person may reasonably be identified from the still or video image 51 itself or from information displayed in connection with the still or 52 video image; and 53 § 4. Paragraph (b) of subdivision 1 of section 245.15 of the penal 54 law, as amended by chapter 513 of the laws of 2023, is amended to read 55 as follows:A. 7519--B 4 1 (b) the actor knew or reasonably should have known that the person 2 depicted did not consent to such creation, dissemination, or publica- 3 tion, including the creation, dissemination, or publication of an image 4 taken with the consent of the person depicted when such person had a 5 reasonable expectation that the image would remain private, regardless 6 of whether the actor was present when such image was taken. 7 § 5. Subdivision 2 of section 30.10 of the criminal procedure law is 8 amended by adding a new paragraph (a-3) to read as follows: 9 (a-3) A prosecution for unlawful distribution of a sexually explicit 10 depiction of a child must be commenced within five years after the peri- 11 od set forth in paragraph (f) of subdivision three of this section; 12 § 6. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 13 procedure law, as amended by chapter 11 of the laws of 2019, is amended 14 to read as follows: 15 (f) For purposes of a prosecution involving a sexual offense as 16 defined in article one hundred thirty of the penal law, other than a 17 sexual offense delineated in paragraph (a) of subdivision two of this 18 section, committed against a child less than eighteen years of age, 19 incest in the first, second or third degree as defined in sections 20 255.27, 255.26 and 255.25 of the penal law committed against a child 21 less than eighteen years of age, [or] use of a child in a sexual 22 performance as defined in section 263.05 of the penal law, or unlawful 23 distribution of a sexually explicit depiction of a child in the first 24 degree or second degree as defined in sections 246.10 and 246.15 of the 25 penal law, the period of limitation shall not begin to run until the 26 child has reached the age of twenty-three or the offense is reported to 27 a law enforcement agency or statewide central register of child abuse 28 and maltreatment, whichever occurs earlier. 29 § 7. Paragraph (e) of subdivision 4 of section 510.10 of the criminal 30 procedure law, as amended by section 2 of part UU of chapter 56 of the 31 laws of 2020, is amended to read as follows: 32 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 33 the penal law, or a felony sex offense defined in section 70.80 of the 34 penal law, or a crime involving incest as defined in section 255.25, 35 255.26 or 255.27 of such law, or a misdemeanor defined in article one 36 hundred thirty of such law, or a felony defined in article two hundred 37 forty-six of such law; 38 § 8. Subparagraph (v) of paragraph (b) of subdivision 1 of section 39 530.20 of the criminal procedure law, as amended by section 3 of part UU 40 of chapter 56 of the laws of 2020, is amended to read as follows: 41 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of 42 the penal law, or a felony sex offense defined in section 70.80 of the 43 penal law or a crime involving incest as defined in section 255.25, 44 255.26 or 255.27 of such law, or a misdemeanor defined in article one 45 hundred thirty of such law, or a felony defined in article two hundred 46 forty-six of such law; 47 § 9. Paragraph (m) of subdivision 4 of section 530.40 of the criminal 48 procedure law, as added by section 4 of part UU of chapter 56 of the 49 laws of 2020, is amended to read as follows: 50 (m) assault in the third degree as defined in section 120.00 of the 51 penal law or arson in the third degree as defined in section 150.10 of 52 the penal law, when such crime is charged as a hate crime as defined in 53 section 485.05 of the penal law, or a felony defined in article two 54 hundred forty-six of the penal law;A. 7519--B 5 1 § 10. Subparagraph (i) of paragraph (a) of subdivision 2 of section 2 168-a of the correction law, as amended by chapter 189 of the laws of 3 2018, is amended to read as follows: 4 (i) a conviction of or a conviction for an attempt to commit any of 5 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 6 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 [and], 255.27, 7 246.10 and 246.15 or article two hundred sixty-three of the penal law, 8 or section 135.05, 135.10, 135.20 or 135.25 of such law relating to 9 kidnapping offenses, provided the victim of such kidnapping or related 10 offense is less than seventeen years old and the offender is not the 11 parent of the victim, or section 230.04, where the person patronized is 12 in fact less than seventeen years of age, 230.05, 230.06, 230.11, 13 230.12, 230.13, subdivision two of section 230.30, section 230.32, 14 230.33, or 230.34 of the penal law, or section 230.25 of the penal law 15 where the person prostituted is in fact less than seventeen years old, 16 or 17 § 11. Subparagraph (i) of paragraph (a) of subdivision 2 of section 18 168-a of the correction law, as amended by chapter 23 of the laws of 19 2024, is amended to read as follows: 20 (i) a conviction of or a conviction for an attempt to commit any of 21 the provisions of sections 120.70, 130.20, 130.25, 130.30, former 22 section 130.40, former section 130.45, sections 130.60, 230.34, 23 230.34-a, 250.50, 255.25, 255.26 [and], 255.27, 246.10 and 246.15 or 24 article two hundred sixty-three of the penal law, or section 135.05, 25 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, 26 provided the victim of such kidnapping or related offense is less than 27 seventeen years old and the offender is not the parent of the victim, or 28 section 230.04, where the person patronized is in fact less than seven- 29 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision 30 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 31 law, or section 230.25 of the penal law where the person prostituted is 32 in fact less than seventeen years old, or 33 § 12. Severability. If any provision of this article, or any applica- 34 tion of any provision of this article, is held to be invalid, that shall 35 not affect the validity or effectiveness of any other provision of this 36 act, or of any other application of any provision of this act, which can 37 be given effect without that provision or application; and to that end, 38 the provisions and applications of this act are severable. 39 § 13. This act shall take effect immediately; provided, however, that 40 the amendments to subdivision 2 of section 168-a of the correction law, 41 made by section eleven of this act shall take effect on the same date 42 and in the same manner as section 32 of chapter 23 of the laws of 2024, 43 takes effect.
