What's happening
This bill makes it a felony to record a video of a violent felony with intent to promote or encourage the crime.
Why it matters
Expands criminal liability to bystanders. The bill targets not just direct participants in violent felonies, but also individuals who intentionally film such crimes to promote or encourage them, making this act itself a felony. This could potentially deter people from glorifying or spreading footage of violent acts.
Intent requirement may create legal ambiguity. To be prosecuted, a person must have the "intent to promote or encourage" the crime, not merely to document it. This introduces subjectivity and could lead to complex legal questions about proving someone’s state of mind when recording.
Possible chilling effect on witnesses and bystander intervention. Although there is an exception if the video is promptly turned over to law enforcement—which can be used as evidence that the recorder did not have the prohibited intent—some people may hesitate to record or share evidence of crimes out of fear of prosecution, potentially impacting criminal investigations and public accountability.
Reflects broader concerns about ‘viral crime’ culture. The legislation responds to high-profile incidents where violent acts have been recorded and shared online, aiming to combat the normalization or encouragement of violence through social media and digital platforms.
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Who cares
Headline styles
Ban Filming Violent Crimes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5729
2017-2018 Regular Sessions
IN SENATE
April 27, 2017
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to criminalizing the filming of a violent crime
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 235 of the penal law is amended by adding three new sections 235.25, 235.26 and 235.27 to read as follows: § 235.25 Recording a video of the commission of a violent felony; defi-
nitions of terms.
For the purposes of sections 235.26 and 235.27, of this article the term "violent felony" means any offense described in section 70.02 of this chapter. § 235.26 Recording a video of the commission of a violent felony.
A person is guilty of recording a video of the commission of a violent felony when he or she:
1. wilfully records a video of the commission of a violent felony with intent to promote or encourage the commission of the underlying violent felony; or
2. conspires with another to record a video of the commission of a violent felony with intent to promote or encourage the commission of the underlying violent felony.
Recording a video of the commission of a violent felony is a class E felony. § 235.27 Recording a video of the commission of a violent felony; limi-
tations.
Submission of the video described in section 235.26 of this article by the person recording the video to law enforcement at the first reasonable opportunity may be considered as evidence that the person lacked the intent to promote or encourage the commission of the underlying violent felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11170-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to criminalizing the filming of a violent crime
Purpose or general idea of bill
This legislation would make it a crime to film the commission of a violent felony with the intent to promote or encourage the commission of the felony
Summary of specific provisions
Section 1. Creates a new section 235.25 - creating the crime of recording a video in the commission of a violent felony
He or she is guilty of this crime when the perpetrator of the underlying felony recording the commission of the felony, or another individual conspires with the perpetrator of the underlying felony to record a video with the intent to encourage or promote the violent felony.
Section 2. Effective Date.
Justification
With the rise in use of social media and mobile devices, so has the propensity to record videos of violent crimes for temporary fame. This legislation targets criminal recording videos of themselves committing violent felonies, or any individuals who may encourage them to promote depraved acts through filming. An individual who helps the perpetrator of a violent felony with prior knowledge of the attack is as equally guilty as the perpetrator who films themselves.
This legislation would not punish bystanders or the media who report on the incident.
This crime would incur an additional charge which the perpetrator or coconspirator of a violent felony. An individual found guilty of this crime would be charged with a class E felony, with up to four years in jail and a $5000 fine.
It is in the public interest to deter individuals from making videos of violent crimes to post on social media. This morally depraved behavior should not be rewarded through millions of video views. Individuals who film themselves committing violent felonies need to be held accountable for their actions.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
First of November after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.