What's happening
This bill makes it a class A misdemeanor to electronically send sexually explicit images without the recipient's consent.
Why it matters
Addresses “cyber flashing” and digital harassment. By criminalizing the non-consensual electronic transmission of sexually explicit images, the bill responds to growing concerns about unwanted sexual content sent via messaging, social media, or other digital platforms.
Expands protections for personal privacy and dignity. The law recognizes the impact and harm of unsolicited explicit imagery, giving recipients a legal remedy and reinforcing boundaries in digital communication.
Sets clear legal definitions and standards. By specifying what counts as “sexually explicit visual material” and what constitutes consent, the bill provides clarity for law enforcement, prosecutors, and the public, reducing ambiguity in potential cases.
Establishes significant legal consequences. Making this behavior a class A misdemeanor signals the seriousness of the offense, potentially leading to arrest, prosecution, and a criminal record for those found guilty, which could deter such actions.
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
Headline styles
Ban Unwanted Explicit Images
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
2 Co-sponsors
History
- Referred to codes
- 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.
Ban Unsolicited Sexual Images
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5949
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. SKOUFIS -- 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 the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material
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 a new section 250.70 to read as follows: § 250.70 Unlawful electronic transmission of sexually explicit visual
material.
A person is guilty of unlawful electronic transmission of sexually explicit visual material if a person knowingly transmits by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed or depicts the covered genitals of a male person that are in a discernibly turgid state and such visual material is not sent at the request of or with the express consent of the recipient. For purposes of this section the term "intimate parts" means the naked genitals, pubic area, anus, or female postpubescent nipple of the person and the term "sexual conduct" shall have the same meaning as defined in section 130.00 of this chapter.
Unlawful electronic transmission of sexually explicit visual material is a class A misdemeanor.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11821-01-9
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 the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material
Purpose
The purpose of this bill is to make it unlawful to send sexually explic- it material through electronic means unless the material is sent at the request of, or with the express consent of the recipient.
Summary of provisions
Section 1: Adds a new section 250.70 to the penal law making it unlawful to knowingly transmit by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed unless the material is sent at the request of, or with the express consent of the recipient.
Section 2: Effective date.
Justification
Currently under New York State law, indecent exposure in person is a crime, but it is not unlawful to send sexually explicit photos to nonconsenting adult recipients through electronic transmission. With the growing modem age of online dating, many individuals are receiving sexu- ally explicit visual content without their consent from strangers. No person should be forced to view sexually explicit material without their consent.
The bill offers a clear deterrent to those considering sending unsolic- ited sexual pics and similar inappropriate conduct, and protects the unwilling recipients who currently have no legal recourse for such abuses.
What is illegal in the real world must be illegal in the digital world, and this legislation is a first step in the right direction in adding that accountability.
Legislative history
New bill
Fiscal implications
Minimal.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.