Establishes the class E violent felony offense of unlawful violent recording for knowingly recording the commission or attempt of a violent felony offense

Summary of provisions

Section 1 of the bill amends Penal Law section 105.10 to provide that a person will be guilty of the offense of conspiracy when he or she conspires with one or more people to commit the offense of unlawful violent recording.

Section 2 adds a new section 245.15 to the Penal Law to establish the crime of unlawful violent recording, a class E felony. A person shall be guilty of unlawful violent recording when her or she, after placing and enabling for use, affixing and enabling for use, or arranging for the use of one or more imaging devices, he or she commits or attempts to commit assault in the third degree or a violent felony offense as described in Penal Law section 70.02, while knowing that such imaging device is being used to view, broadcast, or record the commission or attempted commission of the offense. An imaging device is defined as any mechanical, digital, or electronic viewing device, camera, cellular phone or any other instrument capable of recording, storing, or transmitting images.

Section 3 amends Penal Law section 70.02(1)(d) to provide that conspiracy in the fourth degree, as defined in Penal Law section 105.10(4), and unlawful violent recording, are Class E violent felony offenses.

Section 4 amends Penal Law section 70.25 to exempt the offenses created by this bill from the requirement that multiple sentences of imprisonment be served concurrently where two or more offenses are committed through a single act or omission.

Section 5 provides that this bill shall take effect on the first of November next succeeding the date on which it shall have become law.

Existing law

Current law penalizes commission of violent crimes but does not properly penalize the planned commission of violence against others for the purpose of recording the crime on video and disseminating the video to the public.

Justification

Reports have emerged of criminals across the country making recordings of their violent crimes, with the apparent motive of giving notoriety

to their violence. In 2013, evidence came to light in an Ohio criminal case involving the gang rape of a high school girl by several of her classmates. The alleged rape was recorded with video and photographs, which showed the perpetrators reveling in the violence and boasting that "She (the victim) is so raped right now."

Rape and other violent crimes inflict long-lasting emotional suffering on the victims, not to mention the physical trauma they cause. Recordings of violent crimes increase the suffering of victims, for whom they are a graphic reminder of an experience they will likely wish to forget. In this respect, those who commit violent crimes while making such recordings, or allowing themselves to be recorded, are culpable of a wrong separate from the act itself. The law does not currently punish this separate offense. This bill does that by providing an enhanced penalty by making such recording a class E violent felony and giving the sentencing judge the discretion to make the sentence consecutive to any other sentence imposed upon the defendant.

Legislative history

2011-2012: S.2190 - Referred to Codes both years 2009-2010: S.2111 - Referred to Codes both years 2007-2008: S.8207 - 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 law.