What's happening
This bill creates new crimes for publishing intimate images of minors under 16 without parental consent, with escalating penalties for repeat offenses.
Why it matters
Strengthens protections for minors. by making it a criminal offense to publish intimate images of anyone under 16 without parental or guardian consent, potentially deterring exploitation and encouraging greater respect for minors’ privacy.
Establishes escalating penalties. by creating two distinct misdemeanor levels (class B for first-time, class A for repeat offenders within ten years), signaling a more serious legal response to repeated violations and aiming to prevent recidivism.
Explicitly exempts online platforms from liability. for content posted by users, which protects internet service providers, social media companies, and libraries from prosecution under this law, focusing accountability on individual offenders rather than platforms.
Fills a legal gap. by specifically targeting the nonconsensual publication of intimate images of minors, an area not always clearly addressed in existing law, and clarifies the legal responsibility of adults and older minors in handling such sensitive content.
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Who cares
Minors under 16 and their parents or guardians
The bill would criminalize intentionally publishing images of a minor’s sexual or other intimate parts without explicit parental or guardian consent.
People who publish intimate images of minors
Violations would be class B misdemeanors, rising to class A misdemeanors for those with a conviction for either new offense within the past ten years.
Prosecutors and law enforcement
The bill would create two new misdemeanor offenses for unlawful publication of intimate images of minors under 16.
Internet service providers, libraries and educational institutions
The bill would shield interactive computer services from liability under the act for content provided by another person.
Headline styles
Ban Publishing Kids’ Intimate Images
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4762
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
Introduced by Sens. RANZENHOFER, 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 crimes of unlawful publication of an intimate image of a minor in the first and second degrees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The section heading and the opening paragraph of section 250.40 of the penal law, as added by chapter 69 of the laws of 2003, are amended to read as follows:
Unlawful surveillance and publication; definitions.
The following definitions shall apply to sections 250.45, 250.50, 250.55 [and], 250.60, 250.70 and 250.75 of this article:
§ 2. The penal law is amended by adding two new sections 250.70 and 250.75 to read as follows: § 250.70 Unlawful publication of an intimate image of a minor in the
second degree.
A person is guilty of unlawful publication of an intimate image of a minor in the second degree when, he or she intentionally publishes an image or images of the sexual or other intimate parts of a minor under the age of sixteen years without explicit consent of the parent or guardian of such minor to publish such image.
Unlawful publication of an intimate image of a minor in the second degree is a class B misdemeanor. § 250.75 Unlawful publication of an intimate image of a minor in the
first degree.
A person is guilty of unlawful publication of an intimate image of a minor in the first degree when he or she commits the crime of unlawful publication of an intimate image of a minor in the second degree and has previously been convicted within the past ten years of unlawful publication of an intimate image of a minor in the first or second degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03075-01-9
S. 4762 2
Unlawful publication of an intimate image of a minor in the first degree is a class A misdemeanor.
§ 3. Nothing in this act shall be construed to impose liability on an interactive computer service for content provided by another person. The term "interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
§ 4. 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 estab- lishing the crimes of unlawful publication of an intimate image of a minor in the first and second degrees
Purpose or general idea of bill
To restrict the dissemination of sexual and other intimate parts of minors without the consent of their parent or guardian.
Summary of specific provisions
Section 1 makes a heading change to section 250.40 of the penal law to add "publication".
Section 2 establishes the two new offenses of "unlawful publication of an intimate image of a minor in the second degree" and "unlawful publi- cation of an intimate image of a minor in the first degree". A new Penal Law section 250.70 is added to create the offense of "unlawful publica- tion of an intimate image of a minor in the second degree". A person is guilty of "unlawful publication of an intimate image of a minor in the second degree" when he or she intentionally publishes an image or images of the sexual or other intimate parts of a minor under the age of sixteen without explicit consent of the parent or guardian to publish such image. A violation of section 250.70 shall constitute a class B misdemeanor.
A new section 250.75, unlawful publication of an image of a minor in the first degree is established to provide that person who satisfies the elements of section 270.70 and has previously been convicted of the unlawful publication of an intimate image of a minor in the second degree within the past 10 years shall be guilty of unlawful publication of an intimate image of a minor in the first degree. A violation of section 250.75 shall constitute a class A misdemeanor.
Section 3 provides an exemption for liability for any interactive computer service for content provided by another person.
Section 4 sets forth the effective date.
Justification
This bill will assist in the prevention of the public circulation of pictures of the intimate parts of minors age 15 and younger without the consent of the minor's parent or guardian. Under Penal Law, section 240.40, "sexual or other intimate parts" means the human male or female genitals, pubic area or buttocks, or the female breast below the top of the nipple. The proposal will still allow for images of minors 15 and younger to be disseminated on a limited basis with implied parental consent. Parental consent would be required in instances where the image is to be disseminated to more than 10 people, disseminated with the intent to sell such image to another person or when such image is to be otherwise made available to the public.
This bill will allow parents a greater level of awareness and control in protecting young children and vulnerable teenagers from abuse and
exploitation. It will provide another enforcement tool to combat sexual exploitation of minors through Internet and other means of publication.
Prior legislative history
2017,2018: S.525 Referred to Codes 2015,2016: S.2068 Referred to Codes 2014: S.7335 Referred to Codes
Fiscal implications
None to the state.
Effective date
This act shall take. effect on the 180th day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.