Skip to content
S2662Senate2019-2020 SessionSame asA989

Ban Sharing Victim Images

Official title

“Prohibits the dissemination of an image of a crime victim by public servants”

Sponsor Diane J. SavinoSD-23+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Codes

What's happening

This bill, "Caroline's Law," makes it a class A misdemeanor for public servants to share images of crime victims outside official duties.

Why it matters

  1. Aims to protect the privacy and dignity of crime victims. by making it a criminal offense for public servants (like police, EMTs, or firefighters) to share images of victims outside their official duties, addressing concerns about exploitation, sensationalism, or retraumatization.

  2. Specifies broad definitions for prohibited conduct. , including not only posting images publicly but also privately sending, forwarding, or sharing them electronically or in hard copy, closing loopholes that might allow inappropriate image sharing.

  3. Provides an explicit exception for official training purposes. , balancing the need for professional education and preparedness with the privacy rights of crime victims, so agencies can still use real images to improve training without risking unauthorized public exposure.

  4. Creates new accountability for public employees. , making it clear that misuse of access to sensitive material is a punishable offense, which could influence professional standards, agency policies, and public trust in emergency services.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

  • Crime victims

    The bill would prohibit public servants from intentionally broadcasting or publishing images of victims recorded during official duties outside those duties.

  • Public servants and people performing public-servant duties on emergency calls

    They could face a class A misdemeanor for recording crime victims during official duties and intentionally broadcasting or publishing those images outside their duties.

  • Agencies that train public servants

    The bill expressly preserves the use of crime-victim images and videos for official training purposes.

Headline styles

Ban Sharing Victim Images

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

Chair, Internet And Technology

1 Co-sponsor

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.60
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 62–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.807
  4. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A989Assembly

Ban Sharing Crime Victim Photos

In Assembly Committee · Codes · Sponsor Michael Cusick

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2662

2019-2020 Regular Sessions

IN SENATE

January 28, 2019

Introduced by Sen. SAVINO -- 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 prohibiting the dissemination of an image of a crime victim by public servants

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "Caroline's Law".

§ 2. The penal law is amended by adding a new section 250.70 to read as follows: § 250.70 Dissemination of an image of a crime victim.

1. A person is guilty of dissemination of an image of a crime victim where (a) the person is a public servant or is performing the duties of a public servant in responding to an emergency call; (b) while in the course of his or her official duties, records a still image or motion picture of a crime victim; and (c) intentionally broadcasts or publishes such images or motion pictures outside of the course of conduct of the public servant's official duties; except, that nothing herein shall be construed to impair or diminish the right to use such images or motion pictures for official training purposes.

2. For purposes of this section:

(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.

(c) "Publish" means to (i) post, present, display, exhibit, circulate, advertise or allow access, electronically or otherwise, so as to make an image or images available to the public; or (ii) disseminate with the intent that an image or images be posted, presented, displayed, exhib-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00255-01-9

S. 2662 2

ited, circulated, advertised or made accessible, electronically or otherwise and to make such image or images available to the public.

Dissemination of an image of a crime victim is a class A misdemeanor.

§ 3. This act shall take effect on the one hundred eightieth 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 prohibiting the dissem- ination of an image of a crime victim by public servants

Purpose or general idea of bill

"Caroline's Law" would make it a class A misdemeanor for a public serv- ant -or anyone acting as a public servant -- to broadcast or publish an image of a crime victim outside of their official duties.

Summary of specific provisions

This bill would add a new section 250.70 to the penal law to make it a class A misdemeanor punishable by up to one imprisonment and a fine - for a public servant or anyone acting as a public servant to broadcast or publish an image of a crime victim outside of their official duties.

Justification

In March 2009, a 26 year-old woman named Caroline Wimmer was brutally murdered in her West Brighton, Staten Island apartment. Caroline was a charming and fun-loving young woman, popular amongst her friends and beloved by her family. Emergency personnel arrived on the scene shortly after. Caroline's horrified mother found her on the floor of her bath- room. Inexplicably and shockingly, one of the EMTs on the scene - Mark Musarella took a picture of Caroline and later posted it on his Facebook page.

Despite the egregiousness of this act, Musarella could only be charged with the simple misdemeanor of official conduct; he would later plea down to a reduced charge of disorderly conduct, a mere violation no more serious than trespassing or possession of a small amount of marijuana. He also received only 200 hours of community service and no jail time.

New York State law must be updated to address situations like this; it is clear from the outcome of Mark Musarella's prosecution that current law is inadequate in this area. This bill would bring the relevant Penal Law section into the modern age and ensure that any public official who commits a ghastly, insensitive and appalling act such as this will face a serious criminal charge and potential jail time. It will further help deter such actions and try to ensure that no family will have to experi- ence the double horror that the Wimmers did. Further, this law would strongly promote the training of public servants to encourage proper and respectful treatment of crime victim images and discourage egregious acts like this.

Prior legislative history

2013-2018 - Passed Senate unanimously; died in Assembly Codes.

2012 - Died in the Codes Committee in both Houses.

2011 - Died in the Codes Committee in both Houses.

Fiscal implications

None.

Effective date

This shall take effect on the one hundred eightieth day after becoming law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.