What's happening
This bill creates new felony crimes for broadcasting or sharing live video of felony or violent felony acts.
Why it matters
Targets anyone who broadcasts or shares live video of felonies as they happen. including accomplices or agents—not just the primary perpetrator, potentially expanding criminal liability to bystanders or those aiding in distribution.
Creates two new felony classes. a lower-level Class E felony for broadcasting any felony, and a higher-level Class D felony for broadcasting violent felonies, signaling that the law views live-streaming violent crimes as particularly serious.
Defines “broadcast” and “disseminate” broadly. , covering not only initiating a live stream but also forwarding or transmitting the video by any means, which could have implications for social media users and platforms.
Raises questions about free speech, public interest, and citizen journalism. , as individuals documenting crimes (even without direct participation) could risk felony charges, potentially affecting media coverage and transparency.
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Who cares
Headline styles
Ban Live-Streaming Crimes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1273
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. FUNKE -- 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 establishing the crime of unlawful broadcast of criminal activity
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding two new sections 245.15 and 245.20 to read as follows: § 245.15 Unlawful broadcast of criminal activity in the second degree.
1. A person is guilty of unlawful broadcast of criminal activity in the second degree when he or she, during the commission of any acts constituting any felony offense, or acting as an accomplice to such offense, or acting as an agent to the person who commits such offense, broadcasts or causes to be broadcast or disseminated live video of such acts on any media format.
2. For the purposes of this section and section 245.20 of this article:
(a) "Broadcast" means electronically transmitting a visual image with the intent that it be viewed by a person.
(b) "Disseminate" means to give, provide, lend, deliver, mail, send, forward, transfer or transmit, electronically or otherwise to another person.
Unlawful broadcast of criminal activity in the second degree is a class E felony. § 245.20 Unlawful broadcast of criminal activity in the first degree.
1. A person is guilty of unlawful broadcast of criminal activity in the first degree when he or she, during the commission of any acts constituting a violent felony offense as defined in section 70.02 of this chapter, or acting as an accomplice to such offense, or acting as an agent to the person who commits such offense, broadcasts or causes to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07179-01-9
S. 1273 2
be broadcast or disseminated live video of such acts on any media format.
Unlawful broadcast of criminal activity in the first degree is a class D felony.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
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 establishing the crime of unlawful broadcast of criminal activity
Purpose
To establish the crime of unlawful broadcast of criminal activity
Summary of provisions
Section 1 adds two new sections 245.15 and 245.20 to penal law.
Section 245.15 establishes the threshold of guilt in the second degree, a class E felony as well as defines the relevant terms such as "broad- cast" and "disseminate".
Section 245.20 establishes the threshold of guilt in the first degree, a class D felony.
Section 2 This act shall take effect on the sixtieth day after it shall have become law.
Justification
There has been a disturbing increase across the nation in criminal activity being shared through live streaming on various media platforms. In January 2017, a 15-year-old girl in Chicago was sexually assaulted by a group of young men while someone live streamed the event online for dozens of people to see. In the same month a mentally disabled 18-yea- rold teen in Chicago was tied up and viciously assaulted by four people while a fifth person live broadcast the attack online. These despicable crimes continued, as a man in Ohio pulled up next to 74 year old Robert Godwin and shot him while broadcasting the murder live online on Easter Sunday. While having video of criminal activity can certainly serve a valid evidentiary purpose, live broadcasting of such activity consti- tutes a greater degree of re-victimization and evil. New York State should do all it can to discourage people from sharing live video of heinous crimes given that the live nature of the video makes it nearly impossible to censor or properly warn viewers of what they may see. This bill would establish a distinction between broadcasting non-violent and violent felonies, but still provides significant punishments for both kinds of crimes. The bill establishes a D felony for broadcasting a violent crime and an E felony for broadcasting a nonviolent crime.
Legislative history
New Bill.
Fiscal implications
None
Effective date
This act shall take effect on the sixtieth day 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.