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History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.472
- Print number 5946a
- Amend and recommit to codes
- Referred to codes
- Referred to rules
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.
Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5946A
Title of bill
An act to amend the penal law, in relation to creating the crimes of unlawful dissemination of an intimate image in the first and second degrees
Summary of provisions
Section 1 applies the existing definitions of "sexual or other intimate parts" and "disseminate" to these two new crimes.
Section 2 creates the new crimes of Unlawful dissemination or an intimate image in the second degree, a class A misdemeanor, committed when one, with intent to harass, annoy or alarm, intentionally disseminates an image of the sexual or other intimate parts of another person without that person's explicit consent; and Unlawful dissemination of an intimate image in the first degree, a class E felony, committed when one commits the crime in the second degree and has a previous conviction for the crime either in the first or second degree.
Section 3 states nothing in this bill shall be construed to impose liability on an interactive computer service for content provided by another person.
Section 4 Effective date.
Justification
For all the advantages that the Internet provides, it also assists individuals in perpetrating harm upon others. Social media allows for the widespread dissemination of information and images, and websites devoted to providing people with a means to perpetrate revenge upon former spouses, girlfriends or boyfriends have been created.
New York law protects one from such conduct if they are unaware that such images are being taken. Unfortunately, one may provide an intimate image to another in the context of a relationship with the expectation that such will be a private sharing. When the relationship ends, the spurned partner has a means to humiliate the other by sharing those intimate images with millions of strangers as well as with the person's family, neighbors, friends, employer and co-workers.
This bill would protect everyone's intimate images from further dissemination without his or her explicit consent for dissemination, if such dissemination was done with the intent to harass, annoy or alarm the subject of the image. It provides this protection regardless of who photographed the image and prevents this new form of cyber-bullying.
Legislative history
New bill
Fiscal implications
None.
Effective date
One hundred and eightieth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.