Bill Text: NY A10185 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the crime of unsolicited disclosure of an intimate image as a class B misdemeanor; requires sexual harassment prevention training.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2020-06-05 - print number 10185a [A10185 Detail]

Download: New_York-2019-A10185-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10185

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the penal law, in relation to establishing the crime of
          unsolicited disclosure of an intimate image

          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 245.12 to
     2  read as follows:
     3  § 245.12 Unsolicited disclosure of an intimate image.
     4    1. A person is guilty of unsolicited disclosure of an  intimate  image
     5  when,  with  intent  to  harass, annoy or alarm another person he or she
     6  sends by electronic device an unsolicited intimate image to  such  other
     7  person.
     8    2.  For  purposes  of this section: a. "intimate body parts" means the
     9  genitals, pubic area or anus of any person;
    10    b. "intimate image" means a photograph, film, videotape, recording  or
    11  any  other  reproduction  of  an  image  of  an individual with fully or
    12  partially exposed intimate body parts or engaged in sexual activity;
    13    c. "send by electronic device" means to send using  a  cellular  tele-
    14  phone  or  any  other electronic communication device, including devices
    15  capable of sending text messages or e-mails;
    16    d. "sexual activity" means "sexual intercourse" as defined in subdivi-
    17  sion one of section 130.00 of this chapter,  "oral  sexual  conduct"  or
    18  "anal sexual conduct" as defined in subdivision two of section 130.00 of
    19  this  chapter,  touching  of the intimate body parts of a person for the
    20  purpose of gratifying sexual desire, sexual penetration with any object,
    21  or the transmission or appearance of semen upon any part of the depicted
    22  individual's body.
    23    Unsolicited disclosure of an intimate image is a class B misdemeanor.
    24    § 2. The penal law is amended by adding a new section 60.38 to read as
    25  follows:
    26  § 60.38 Authorized disposition; unsolicited disclosure  of  an  intimate
    27            image.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13910-01-9
        A. 10185                            2

     1    When  a person is convicted of an offense defined in section 245.12 of
     2  this chapter, or of an attempt to commit such offense, the court  shall,
     3  where  appropriate,  include as a condition of such sentence the defend-
     4  ant's successful completion of a sexual harassment  prevention  training
     5  program approved by the division of human rights.
     6    § 3. This act shall take effect on the first of November next succeed-
     7  ing the date on which it shall have become a law.