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

BILL NUMBER:S3439A

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 photographs 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 themselves.

Summary of specific provisions

Subdivision 16 of section 501 of the executive law, as renumbered by chapter 170 of the laws of 1984, is renumbered subdivision 17 and a new subdivision 16 is added.

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 longterm 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 postings, 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 less than four years age difference between the defendant and the recipient at the time of the act and the depiction or description and both the defendant and the recipient did not intend to or profit from such conduct. The affirmative defense does not apply to any subsequent transfer of the depiction 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

2010: Senate Bill 5680-A passed the Senate.

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided, however, that the section on the educational outreach program shall take effect ninety days after it shall have become law.