Relates to educating children on the harms of electronically sending and posting certain images of themselves

1 Co-sponsor

• Shirley L. Huntley

BILL NUMBER:S5680A

Title of bill

An act to amend the executive law and the penal law, in relation to educating children on the electronic sending and posting of certain images

Purpose or general idea of bill

This bill would require the office of children and family services to establish an educational outreach program to promote the awareness of the potential long-term harm to adolescents' privacy that may arise from text messaging, emailing or posting on the internet images and photo- graphs of themselves that are provocative in nature. Also, to provide an affirmative defense to young persons for certain acts with regard to the possessions and dissemination of such images and photographs of them- selves.

Summary of specific provisions

Section 1 amends the executive law, which directs the office of children and family services to establish an educational outreach program to promote the awareness of text messaging, emailing and internet posting among adolescents, and create a campaign to address the potential long- term harm that may arise as a result of adolescents sending, receiving or posting on the internet images and photographs of themselves that include, but are not limited to, provocative or nude images. This outreach campaign may be accomplished through radio, print, television public service announcements, advertisements, posters, internet post- ings, and other channels, and carried out in conjunction with community organizations, educators, and other public and private efforts.

Section 2 amends the penal law by adding a new section 40.20 to provide an affirmative defense to certain acts by young persons where the defendant was less than eighteen years old, and that there is a less than four years age difference between the defendant and the recipient at the time of the act, and that the depiction or description was not obtained in violation of section 250.45 or 250.50 of this chapter, and both defendant and the recipient expressly or impliedly acquiesced in the conduct, and the defendant did not intend to profit from such conduct. The affirmative defense shall not be available for any subse- quent transfer of the depiction or description, and shall only apply to the original single transfer to a single recipient.

Justification

The prevalence of text messaging, emailing and internet usage has led to unanticipated forms of communication, particularly among adolescents. Many adolescents are engaging in the sending, receiving and posting of images or photographs which are provocative in nature. This activity has the potential to impact teens' privacy interests and may even lead to criminal charges.

One national study found that as many as 20 percent of teens have sent or posted nude or seminude photos of themselves. In general, adolescents and their parents and caregivers, are unaware of the potential harm. This legislation would promote awareness of text messaging, emailing and posting of provocative images by adolescents and encourage adolescents to consider the harm related to such conduct. Further, this bill addresses the issue of criminal prosecution of adolescent conduct that was not intended under certain criminal acts by creating an affirmative defense.

Prior legislative history

New legislation.

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided, however, that section one of this act shall take effect on the ninetieth day after it shall have become a law.