Bill Text: NY S04762 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the misdemeanors of unlawful publication of an intimate image of a minor in the first and second degrees.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S04762 Detail]

Download: New_York-2019-S04762-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4762
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 25, 2019
                                       ___________
        Introduced  by Sens. RANZENHOFER, FUNKE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crimes of
          unlawful publication of an intimate image of a minor in the first  and
          second degrees
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The section heading and the opening  paragraph  of  section
     2  250.40 of the penal law, as added by chapter 69 of the laws of 2003, are
     3  amended to read as follows:
     4    Unlawful surveillance and publication; definitions.
     5    The  following  definitions  shall  apply  to sections 250.45, 250.50,
     6  250.55 [and], 250.60, 250.70 and 250.75 of this article:
     7    § 2. The penal law is amended by adding two new  sections  250.70  and
     8  250.75 to read as follows:
     9  §  250.70  Unlawful  publication  of an intimate image of a minor in the
    10             second degree.
    11    A person is guilty of unlawful publication of an intimate image  of  a
    12  minor  in  the  second degree when, he or she intentionally publishes an
    13  image or images of the sexual or other intimate parts of a  minor  under
    14  the age of sixteen years without explicit consent of the parent or guar-
    15  dian of such minor to publish such image.
    16    Unlawful  publication  of  an  intimate image of a minor in the second
    17  degree is a class B misdemeanor.
    18  § 250.75 Unlawful publication of an intimate image of  a  minor  in  the
    19             first degree.
    20    A  person  is guilty of unlawful publication of an intimate image of a
    21  minor in the first degree when he or she commits the crime  of  unlawful
    22  publication of an intimate image of a minor in the second degree and has
    23  previously been convicted within the past ten years of unlawful publica-
    24  tion of an intimate image of a minor in the first or second degree.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03075-01-9
        S. 4762                             2
     1    Unlawful  publication  of  an  intimate  image of a minor in the first
     2  degree is a class A misdemeanor.
     3    §  3. Nothing in this act shall be construed to impose liability on an
     4  interactive computer service for content provided by another person. The
     5  term "interactive  computer  service"  means  any  information  service,
     6  system,  or  access  software provider that provides or enables computer
     7  access by multiple users to a computer server, including specifically  a
     8  service  or system that provides access to the Internet and such systems
     9  operated or services offered by libraries or educational institutions.
    10    § 4. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.