Bill Text: NY A03057 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the penal law, in relation to criminal use of a mobile camera telephone

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A03057 Detail]

Download: New_York-2009-A03057-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3057
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced  by  M.  of A. BENJAMIN, WALKER, ALFANO, BARRA -- Multi-Spon-
         sored by -- M. of A.  HOOPER, MILLER -- read once and referred to  the
         Committee on Codes
       AN  ACT  to amend the penal law, in relation to criminal use of a mobile
         camera telephone
         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 article 243 to
    2  read as follows:
    3                                  ARTICLE 243
    4                 OFFENSES INVOLVING MOBILE CAMERA TELEPHONES
    5  SECTION 243.00 OFFENSES INVOLVING MOBILE CAMERA  TELEPHONES;  DEFINITION
    6                   OF TERMS.
    7          243.10 CRIMINAL USE OF A MOBILE CAMERA TELEPHONE.
    8          243.20 OFFENSES INVOLVING MOBILE CAMERA TELEPHONES; DEFENSES.
    9  S 243.00 OFFENSES  INVOLVING  MOBILE  CAMERA  TELEPHONES;  DEFINITION OF
   10             TERMS.
   11    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS CHAPTER EXCEPT  WHERE
   12  DIFFERENT MEANINGS ARE EXPRESSLY SPECIFIED:
   13    1. "MOBILE CAMERA TELEPHONE" MEANS A SINGLE UNIT OR ANY COMBINATION OF
   14  ELECTRONIC  EQUIPMENT  WITH IMMEDIATE PHOTOGRAPH TAKING AND TRANSMITTING
   15  CAPABILITY.
   16    2. "PERSONAL PRIVACY" MEANS THE  REALM  OF  HUMAN  PHYSICAL  SPACE  OR
   17  INTERACTION  WITH  ANOTHER THAT THE DISCLOSURE OR DISPLAY OF WHICH WOULD
   18  CAUSE EMBARRASSMENT OR EMOTIONAL DISTRESS  TO  A  REASONABLE  PERSON  OF
   19  ORDINARY SENSITIVITY.
   20    3.  "PORNOGRAPHY"  MEANS AN IMAGE OR MATERIAL DEPICTING ACTS OF SEXUAL
   21  INTERCOURSE OR ACTS OF SEXUAL PERVERSION.
   22    4. "TRANSMIT" MEANS TO DISSEMINATE BY ANY MEANS, WHETHER COMMERCIAL OR
   23  PERSONAL, TO ONE OR MORE LOCATIONS.
   24  S 243.10 CRIMINAL USE OF A MOBILE CAMERA TELEPHONE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05569-01-9
       A. 3057                             2
    1    A PERSON IS GUILTY OF CRIMINAL USE OF A MOBILE CAMERA TELEPHONE  WHEN,
    2  WITH  INTENT  TO  INTRUDE  OR INVADE UPON ANOTHER'S PERSONAL PRIVACY FOR
    3  PORNOGRAPHIC PURPOSES, SUCH PERSON TAKES:
    4    1. AN UNAUTHORIZED PHOTOGRAPHIC IMAGE OF AN ADULT, OR
    5    2.  A  PHOTOGRAPHIC  IMAGE  OF  A CHILD; AND TRANSMITS SUCH PICTURE TO
    6  ANOTHER PERSON'S MOBILE  CAMERA  TELEPHONE,  PERSONAL  COMPUTER,  OR  AN
    7  INTERNET  WEBSITE.  THIS  SECTION  SHALL NOT BE CONSTRUED AS APPLYING TO
    8  BONA FIDE MEDICAL PHOTOGRAPHS OR MATERIALS.
    9    CRIMINAL USE OF A MOBILE CAMERA TELEPHONE IS A CLASS E FELONY.
   10  S 243.20 OFFENSES INVOLVING MOBILE CAMERA TELEPHONES; DEFENSES.
   11    IN ANY PROSECUTION UNDER THIS ARTICLE, IT SHALL BE A DEFENSE THAT  THE
   12  DEFENDANT HAD REASONABLE GROUNDS TO BELIEVE:
   13    1. HE OR SHE HAD AUTHORIZATION TO TAKE THE PICTURE; OR
   14    2.  HE  OR  SHE  HAD  THE RIGHT TO COPY, REPRODUCE OR DUPLICATE IN ANY
   15  MANNER THE PHOTOGRAPHIC IMAGE; EXCEPT IN  THE  CASE  OF  A  PHOTOGRAPHIC
   16  IMAGE DEPICTING A CHILD IN VIOLATION OF THIS ARTICLE.
   17    S 2. This act shall take effect on the first of November next succeed-
   18  ing the date on which it shall have become a law.