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 Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding two new sections 245.15 2 and 245.20 to read as follows: 3 § 245.15 Unlawful broadcast of criminal activity in the second degree. 4 1. A person is guilty of unlawful broadcast of criminal activity in 5 the second degree when he or she, during the commission of any acts 6 constituting any felony offense, or acting as an accomplice to such 7 offense, or acting as an agent to the person who commits such offense, 8 broadcasts or causes to be broadcast or disseminated live video of such 9 acts on any media format. 10 2. For the purposes of this section and section 245.20 of this arti- 11 cle: 12 (a) "Broadcast" means electronically transmitting a visual image with 13 the intent that it be viewed by a person. 14 (b) "Disseminate" means to give, provide, lend, deliver, mail, send, 15 forward, transfer or transmit, electronically or otherwise to another 16 person. 17 Unlawful broadcast of criminal activity in the second degree is a 18 class E felony. 19 § 245.20 Unlawful broadcast of criminal activity in the first degree. 20 1. A person is guilty of unlawful broadcast of criminal activity in 21 the first degree when he or she, during the commission of any acts 22 constituting a violent felony offense as defined in section 70.02 of 23 this chapter, or acting as an accomplice to such offense, or acting as 24 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 1 be broadcast or disseminated live video of such acts on any media 2 format. 3 Unlawful broadcast of criminal activity in the first degree is a class 4 D felony. 5 § 2. This act shall take effect on the sixtieth day after it shall 6 have become a law.

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