Prohibits the dissemination of an image of a crime victim by public servants

1 Co-sponsor

• Martin J. Golden

BILL NUMBER:S3677A

Title of bill

An act to amend the penal law, in relation to prohibiting the dissemination of an image of a crime victim by public servants

Purpose or general idea of bill

"Caroline's Law" would make it a class A misdemeanor for a public servant or anyone acting as a public servant -- to intentionally broadcast or publish an image of a crime victim outside of their official duties.

Summary of specific provisions

This bill would add a new section 250.70 to the penal law to make it a class A misdemeanor - punishable by up to one year imprisonment and a fine - for a public servant or anyone acting as a public servant to intentionally broadcast or publish an image of a crime victim outside of their official duties. This would not apply to images or motion pictures taken for an official training purpose.

Justification

In March 2009, a 26 year-old woman named Caroline Wimmer was brutally murdered in her West Brighton, Staten Island apartment. Caroline was a charming and fun-loving young woman, popular amongst her friends and beloved by her family. Emergency personnel arrived on the scene shortly after Caroline's horrified mother found her on the floor of her bathroom. Inexplicably and shockingly, one of the EMTs on the scene - Mark Musarella took a picture of Caroline and later posted it on his Facebook page.

Despite the egregiousness of this act, Musarella could only be charged with the simple misdemeanor of official conduct; he would later plea down to a reduced charge of disorderly conduct, a mere violation no more serious than trespassing or possession of a small amount of marijuana. He also received only 200 hours of community service and no jail time.

New York State law must be updated to address situations like this; it is clear from the outcome of Mark Musarella's prosecution that current law is inadequate in this area. This bill would bring the relevant Penal Law section into the modern age and ensure that any public official who commits a ghastly, insensitive and appalling act such as this will face a serious criminal charge and potential jail time. It will further help deter such actions and try to ensure that no family will have to experience the double horror that the Winners did. Further, this law would strongly promote the training of public servants to encourage proper and respectful treatment of crime victim images and discourage egregious acts like this.

Prior legislative history

2012 - Died in the Codes Committee in both Houses. 2011 - Died in the Codes Committee in both Houses.

Fiscal implications

None.

Effective date

This shall take effect on the one hundred eightieth day after becoming law.