Bill Text: NY S00457 | 2017-2018 | General Assembly | Introduced


Bill Title: Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, the dissemination of an image of a person to a computer network internet website that is obscene, without the consent or knowledge of the person in the image.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S00457 Detail]

Download: New_York-2017-S00457-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           457
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens.  YOUNG, CROCI, DeFRANCISCO, FUNKE, GOLDEN, O'MARA,
          RANZENHOFER, SERINO -- read twice and ordered printed, and when print-
          ed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to  prohibiting  the  dissem-
          ination of any image of a person to an obscene internet website, with-
          out such person's knowledge or consent
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 250.55 of the penal law, as amended by chapter  193
     2  of the laws of 2014, is amended to read as follows:
     3  § 250.55 Dissemination  of  an unlawful surveillance image in the second
     4             degree.
     5    A person is guilty of dissemination of an unlawful surveillance  image
     6  in the second degree when [he]:
     7    1. He or she, with knowledge of the unlawful conduct by which an image
     8  or  images  of  the  sexual or other intimate parts of another person or
     9  persons were obtained and such unlawful conduct would satisfy the essen-
    10  tial elements of the crime of unlawful  surveillance  in  the  first  or
    11  second  degree, as defined, respectively, in section 250.50 or 250.45 of
    12  this article, intentionally disseminates such image or images[.]; or
    13    2. Without the knowledge or consent  of  another  person,  he  or  she
    14  disseminates  an  image of that person which he or she knows is obscene,
    15  to a computer network internet website. For the purpose of this section,
    16  "obscene" shall have the same meaning as it is  defined  in  subdivision
    17  one  of  section 235.00 of this part.  Nothing in this subdivision shall
    18  be construed to  impose  liability  or  culpability  on  an  interactive
    19  computer  service  as defined in 47 U.S.C.  230(f)(2), or an information
    20  service or telecommunication service as defined in 47  U.S.C.  153,  for
    21  content provided by another person.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05666-02-7

        S. 457                              2
     1    Dissemination  of  an unlawful surveillance image in the second degree
     2  is a class A misdemeanor.
     3    § 2. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.
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