What's happening
This bill creates criminal penalties for sending unsolicited intimate images electronically, with harsher penalties if sent to minors.
Why it matters
Establishes clear legal definitions. for what constitutes an "intimate image," including specific body parts and sexual activities, as well as what it means to "send by electronic device," making enforcement and prosecution more precise.
Targets intent to harass, annoy, or alarm. , which means the law is not aimed at consensual exchanges or accidental sends, but specifically at behavior meant to distress the recipient.
Creates a tiered penalty system. sending unsolicited intimate images is a class A misdemeanor in general, but is elevated to a class E felony if the recipient is 16 years old or younger, reflecting the increased vulnerability of minors.
Addresses a modern digital harm. by specifically including electronic devices and communications (texts, emails, etc.), recognizing and updating the law to keep pace with current technology and social issues.
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Who cares
Headline styles
Ban Unsolicited Nude Images
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
2078
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. BENJAMIN -- 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 unsolicited disclosure of an intimate image
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 245.12 and 245.13 to read as follows: § 245.12 Unsolicited disclosure of an intimate image in the second
degree.
1. A person is guilty of unsolicited disclosure of an intimate image in the second degree when, with intent to harass, annoy or alarm another person he or she sends by electronic device an unsolicited intimate image to such other person.
2. For purposes of this section, "intimate body parts" means the genitals, pubic area or anus of any person; "intimate image" means a photograph, film, videotape, recording or any other reproduction of an image of an individual with fully or partially exposed intimate body parts or engaged in sexual activity; "send by electronic device" means to send using a cellular telephone or any other electronic communication device, including devices capable of sending text messages or e-mails; "sexual activity" means "sexual intercourse" as defined in subdivision one of section 130.00 of this chapter, "oral sexual conduct" or "anal sexual conduct" as defined in subdivision two of section 130.00 of this chapter, touching of the intimate body parts of a person for the purpose of gratifying sexual desire, sexual penetration with any object, or the transmission or appearance of semen upon any part of the depicted individual's body.
Unsolicited disclosure of an intimate image in the second degree is a class A misdemeanor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08437-01-9
S. 2078 2
§ 245.13 Unsolicited disclosure of an intimate image in the first
degree.
A person is guilty of unsolicited disclosure of an intimate image in the first degree when he or she commits the crime of unsolicited disclosure of an intimate image in the second degree, as defined in section 245.12 of this article, and discloses such intimate image to an individual sixteen years of age or younger.
Unsolicited disclosure of an intimate image in the first degree is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which 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 estab- lishing the crime of unsolicited disclosure of an intimate image
Purpose
Clarifies that the unsolicited disclosure of an intimate image shall be a crime.
Summary of provisions
Section 1 adds two new sections to the Penal Law:
§ 245.12 defines unsolicited disclosure of an intimate image in the second degree and an "intimate image," and defines this crime as a class A misdemeanor.
§ 245.13 defines unsolicited disclosure of an intimate image in the first degree, which is defined as distributing such images to person 16 or younger, and defines it as a class E felony.
Section 2 sets date of effect to be first day of November following the bill's becoming law.
Existing law
Currently, it is a misdemeanor to harass someone by telephone, mail or other forms of written communication. It does not specify images.
Justification
Technology has made it so that a person can anonymously post a picture on another person's smartphone or tablet. People have been using this technology to anonymously post intimate pictures on a stranger's phone or tablet, which is a harassing behavior.
Legislative history
New BIll
Fiscal implications
None
Local fiscal implications
None
Effective date
1st day of November after the bill will have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.