Bill Text: NY A08200 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the "indecent image or video removal act" to establish a civil cause of action for the posting on the internet of images or video of the intimate parts or sexual conduct of a state resident.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A08200 Detail]

Download: New_York-2013-A08200-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8200
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   October 24, 2013
                                      ___________
       Introduced  by  M. of A. MOYA -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the civil rights law, in relation to indecent  image  or
         video removal
         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 "indecent image or video removal act".
    3    S  2.  The civil rights law is amended by adding a new section 52-a to
    4  read as follows:
    5    S 52-A. INDECENT IMAGE OR VIDEO REMOVAL.  1. LEGISLATIVE INTENT.   THE
    6  LEGISLATURE  ACKNOWLEDGES  A  PERSISTENT  TREND  WHERE RESIDENTS OF THIS
    7  STATE HAVE HAD IMAGES OR VIDEO POSTED ONLINE WHICH DEPICTS THE SEXUAL OR
    8  OTHER INTIMATE PARTS OF SUCH RESIDENTS, OR SUCH  RESIDENTS  ENGAGING  IN
    9  SEXUAL  CONDUCT WHICH ARE POSTED ONLINE WITHOUT THEIR CONSENT. THE MOTI-
   10  VATIONS OF PERSONS  WHO  POST  SUCH  IMAGES  OR  VIDEO,  SOMETIMES  ALSO
   11  DEPICTED  IN  THE IMAGE OR VIDEO, RANGE FROM PRANKS, REVENGE OR MONETARY
   12  REWARD. THE POSTING OF SUCH  CONTENT  HAS  LED  TO  EMOTIONAL  DISTRESS,
   13  VIOLENCE  AND  SUICIDE.  THE LEGISLATURE HEREBY FINDS THAT IT HAS BECOME
   14  NECESSARY TO CREATE A MECHANISM THROUGH WHICH AFFECTED PARTIES CAN BRING
   15  A CIVIL ACTION AGAINST THE PERSON WHO POSTS THE CONTENT FOR THE  PURPOSE
   16  OF  HARASSMENT,  ANNOYANCE OR REVENGE REGARDLESS OF WHETHER THE ORIGINAL
   17  IMAGE OR VIDEO WAS CONSENSUALLY OBTAINED, AND OBTAIN A  COURT  ORDER  TO
   18  HAVE  SUCH  CONTENT  TAKEN  DOWN  FROM THE WEBSITES AND INTERNET SERVICE
   19  PROVIDERS THAT HOST IT UNLESS THEY HAVE WRITTEN CONSENT OF  ALL  PARTIES
   20  DEPICTED IN THE IMAGE OR VIDEO.
   21    2.  PERSONAL  JURISDICTION.   ANY WEBSITE OR INTERNET SERVICE PROVIDER
   22  THAT HOSTS OR TRANSMITS A STILL OR VIDEO, VIEWABLE IN THIS STATE,  WHICH
   23  PORTRAYS  A RESIDENT OF THIS STATE AND DEPICTS THE SEXUAL OR OTHER INTI-
   24  MATE PARTS OF  SUCH  RESIDENT,  OR  SUCH  RESIDENT  ENGAGING  IN  SEXUAL
   25  CONDUCT,  WITHOUT  THE WRITTEN CONSENT OF SUCH RESIDENT SHALL BE SUBJECT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11900-05-3
       A. 8200                             2
    1  TO PERSONAL JURISDICTION IN THIS STATE TO THE MAXIMUM  EXTENT  PERMITTED
    2  UNDER THE UNITED STATES CONSTITUTION.
    3    3.  ACTION  FOR  DAMAGES  AGAINST  A PERSON WHO POSTS CERTAIN STILL OR
    4  VIDEO IMAGES.  ANY RESIDENT OF THIS STATE SHOWN  IN  A  STILL  OR  VIDEO
    5  IMAGE  THAT DEPICTS THE SEXUAL OR OTHER INTIMATE PARTS OF SUCH RESIDENT,
    6  OR SUCH RESIDENT ENGAGING IN SEXUAL CONDUCT,  WHICH  IS  POSTED  ON  THE
    7  INTERNET  WITHOUT  THE  CONSENT  OF  SUCH RESIDENT SHALL HAVE A CAUSE OF
    8  ACTION FOR DAMAGES AGAINST THE PERSON WHO POSTED SUCH IMAGE OR VIDEO  ON
    9  THE  INTERNET WHERE IT WAS POSTED FOR THE PURPOSE OF HARASSING, ANNOYING
   10  OR ALARMING SUCH RESIDENT, REGARDLESS OF WHETHER  OR  NOT  THE  ORIGINAL
   11  IMAGE  OR  VIDEO  WAS  CONSENSUALLY  OBTAINED.   IN ANY SUCH ACTION, THE
   12  FINDER OF FACT, IN ITS DISCRETION, MAY AWARD EXEMPLARY DAMAGES, IN ADDI-
   13  TION TO COMPENSATORY DAMAGES.
   14    4. CAUSE OF ACTION TO OBTAIN A COURT ORDER TO REDACT IMAGES  OR  VIDEO
   15  HOSTED OR TRANSMITTED WITHOUT CONSENT.  ANY RESIDENT OF THIS STATE SHOWN
   16  IN  A  STILL OR VIDEO IMAGE THAT DEPICTS THE SEXUAL OR INTIMATE PARTS OF
   17  SUCH RESIDENT, OR  SUCH  RESIDENT  ENGAGING  IN  SEXUAL  CONDUCT,  UNDER
   18  CIRCUMSTANCES  WHERE SUCH IMAGE IS HOSTED OR TRANSMITTED ON THE INTERNET
   19  WITHOUT THE WRITTEN CONSENT OF SUCH RESIDENT,  MAY  MAINTAIN  A  SPECIAL
   20  PROCEEDING  TO  OBTAIN  A  COURT ORDER WHICH WILL REQUIRE ANY WEBSITE OR
   21  INTERNET SERVICE PROVIDER THAT IS SUBJECT TO PERSONAL JURISDICTION UNDER
   22  SUBDIVISION TWO OF THIS SECTION TO  PERMANENTLY  REDACT  SUCH  IMAGE  OR
   23  VIDEO.
   24    5. SEVERANCE CLAUSE.  IF ANY PROVISION OF THIS SECTION OR ITS APPLICA-
   25  TION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL
   26  NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
   27  GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
   28  END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   29    S 3. This act shall take effect immediately.