Bill Text: NY S00071 | 2019-2020 | 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) 2020-01-08 - REFERRED TO CODES [S00071 Detail]

Download: New_York-2019-S00071-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           71
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        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 and Flickr, without such
    10  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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05215-01-9
        S. 71                               2
     1    (d)  "Mental  disability"  means  that  a person suffers from a mental
     2  disease or defect  which  renders  him  or  her  incapable  of  informed
     3  consent.
     4    (e)  "Caregiver" means a person who (i) assumes responsibility for the
     5  care of a vulnerable elderly person pursuant  to  a  court  order;  (ii)
     6  receives monetary or other valuable consideration for providing care for
     7  a  vulnerable  elderly  person;  (iii) is identified as a caregiver by a
     8  patient under the public health law who provides  after-care  assistance
     9  to  a  patient living in his or her residence including, but not limited
    10  to, a relative, partner,  friend  or  neighbor  who  has  a  significant
    11  relationship  with the patient; or (iv) is an informal caregiver such as
    12  a family member, friend, neighbor, or other natural person who  normally
    13  provides  the  daily  care or supervision of a vulnerable elderly person
    14  who may, but need not reside in the same  household  as  the  vulnerable
    15  elderly person.
    16    (f)  "Vulnerable  elderly person" means a person sixty years of age or
    17  older who is suffering from  a  disease  or  infirmity  associated  with
    18  advanced   age  and  manifested  by  demonstrable  physical,  mental  or
    19  emotional dysfunction to the extent that  the  person  is  incapable  of
    20  adequately providing for his or her own health or personal care.
    21    2. Lack of consent under this section results from:
    22    (a) forcible compulsion;
    23    (b) physical helplessness;
    24    (c) mental incapacity;
    25    (d) mental disability; or
    26    (e)  any  circumstance  in  which  the  victim  does  not expressly or
    27  impliedly acquiesce in the actor's conduct.
    28    Unlawful posting of a vulnerable elderly person on social media  is  a
    29  class A misdemeanor.
    30    § 2. This act shall take effect on the first of November next succeed-
    31  ing the date on which it shall have become a law.