Establishes the misdemeanors of unlawful publication of an intimate image of a minor in the first and second degrees

BILL NUMBER:S7335

Title of bill

An act to amend the penal law, in relation to establishing the crimes of unlawful publication of an intimate image of a minor in the first and second degrees

Purpose or general idea of bill

To restrict the dissemination of sexual and other intimate parts of minors without the consent of their parent or guardian.

Summary of specific provisions

Section 1 makes a heading change to section 250.40 of the penal law to add "dissemination".

Section 2 establish the two new offenses of "unlawful publication of an intimate image of a minor in the second degree" and "unlawful publication of an intimate image of a minor in the first degree". A new penal law section 250.70 is added to created the offense of unlawful publication of an intimate image of a minor in the second degree". A person is guilty of " unlawful dissemination of an intimate image of a minor in the second degree when he or she intentionally publishes an image or images of the sexual or other intimate parts of a minor under the age of sixteen without explicit consent of the parent or guardian to publish such image. A violation of section 250.70 shall constitute a class B misdemeanor.

A new section 250.75, unlawful dissemination of an image of a minor in the first degree is established to provide that person who satisfies the elements of section 270.70 and has previously been convicted of the unlawful publication of an intimate image of a minor in the second degree within the past 10 years shall be guilty of unlawful publication of an intimate image of a minor in the first degree. A violation of section 250.70 shall constitute a class A misdemeanor.

Section 3 provides an exemption for liability for any interactive computer service for content provided by another person.

Section 4 provides that this section shall become effective 180 days after becoming a law.

Justification

This bill will assist in the prevention of the public circulation of pictures of the intimate parts of minors age 15 and younger without the consent of the minor's parent or guardian. Under penal law section 240.40, "sexual or other intimate parts" means the human male or female genitals, pubic area or buttocks, or the female breast below the top of the nipple. The proposal will still allow for images of minors 15 and younger to be disseminated on a limited basis with implied parental consent. Parental consent would be required in instances where the image is to be disseminated to more than 10 people, disseminated with the intent to sell such image to another person or when such image is to be otherwise made available to the public.

This bill will allow parents a greater level of awareness and control in protecting young children and vulnerable teenagers to abuse and exploitation. It will provide another enforcement tool to combat

sexual exploitation of minors through internet and other means of publication.

Prior legislative history

New Bill

Fiscal implications

None to the state.

Effective date

This act shall take effect on the 180th day after it shall become law.