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Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Signed chap.193
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.793
- Substituted for A2053C
- Referred to codes
- Delivered to assembly
- Passed senateVote 57–0
- Amended on third reading 1982c
- Advanced to third reading
- Amended (t) 1982b
Show 14 earlier actions
- 2nd report cal.
- 1st report cal.750
- Print number 1982a
- Amend and recommit to codes
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.631
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to unlawful surveillance
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1982C
Title of bill
An act to amend the penal law, in relation to unlawful surveillance
Purpose
This bill attempts to close a loophole in the penal law to ensure that people who have had their image broadcasted without their consent will have a course of action under the law.
Summary of provisions
Section 1. Amends section 250.45 of the penal law to provide that a person can be charged with unlawful surveillance in the second degree if an individual uses a device to view, broadcast or record a person engaged in sexual conduct without their consent.
Section 2. Amends section 250.55 of the penal law to reflect the same changes as made in section 1 of this bill.
Section 3. Amends section 250.60 of the penal law to reflect the same changes as made in section 1 of this bill.
Section 4. Effective date.
Justification
Clarkstown police department found that there was a loophole in the unlawful surveillance laws when a victim came to the police because her image had been posted on the Internet without her permission. The image showed the victim engaged in sexual contact with another but without her sexual parts captured in the image. Even though the image was broadcast without her consent the police could not press charges because the victim's sexual or intimate parts were not exposed in the picture and therefore did not fall under the definition of the law.
Due to this unfortunate loophole in the law the police's hands were tied. Working with the local District Attorney's office the language of this bill was developed. This bill provides that a person could be charged if they disseminate an image of an individual engaged in sexual conduct regardless of whether their own sexual parts were broadcast. This expansion of the law will ensure that police officers will be able to bring charges in cases, such as the one that occurred in Rockland County, where a person's privacy had been invaded and their image broadcasted without their permission.
Legislative history
2013: S.1982 - passed Senate 2011-12: S.6746-A - passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.