What's happening
This bill makes it a class A misdemeanor for caregivers to post images or videos of vulnerable elderly people on social media without their consent.
Why it matters
Expands legal protections for vulnerable elderly people. by explicitly prohibiting caregivers from sharing their images or videos on social media without proper consent, addressing privacy and dignity concerns in the digital age.
Defines “caregiver” broadly. to include not just paid professionals, but also informal caregivers such as family members, friends, and neighbors, ensuring the law covers a wide range of caregiving relationships.
Clarifies what constitutes lack of consent. by including physical helplessness, mental incapacity, mental disability, or any situation where the elder does not clearly agree, making it harder for caregivers to exploit technicalities.
Establishes criminal penalties (class A misdemeanor). for violations, signaling that unauthorized posting is not just unethical but also a prosecutable offense, which may deter such behavior and provide recourse for victims and their families.
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Who cares
Headline styles
Ban Elder Social Media Posts
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
71
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ROBACH -- 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 elder abuse through social media
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 260.40 to read as follows: § 260.40 Unlawful posting of a vulnerable elderly person on social
media.
A person is guilty of unlawful posting of a vulnerable elderly person on social media when, being a caregiver while performing their duty of care for a vulnerable elderly person, he or she posts an image or video of such person on social media including, but not limited to Facebook, YouTube, Twitter, Instagram, Snapchat, Tumblr and Flickr, without such person's consent.
1. The following definitions are applicable to this section:
(a) "Forcible compulsion" means to compel by either:
(i) use of physical force; or
(ii) a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped.
(b) "Physical helplessness" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(c) "Mental incapacity" means an individual does not comprehend the nature and consequences of what he or she consents to.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05215-01-9
S. 71 2
(d) "Mental disability" means that a person suffers from a mental disease or defect which renders him or her incapable of informed consent.
(e) "Caregiver" means a person who (i) assumes responsibility for the care of a vulnerable elderly person pursuant to a court order; (ii) receives monetary or other valuable consideration for providing care for a vulnerable elderly person; (iii) is identified as a caregiver by a patient under the public health law who provides after-care assistance to a patient living in his or her residence including, but not limited to, a relative, partner, friend or neighbor who has a significant relationship with the patient; or (iv) is an informal caregiver such as a family member, friend, neighbor, or other natural person who normally provides the daily care or supervision of a vulnerable elderly person who may, but need not reside in the same household as the vulnerable elderly person.
(f) "Vulnerable elderly person" means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care.
2. Lack of consent under this section results from:
(a) forcible compulsion;
(b) physical helplessness;
(c) mental incapacity;
(d) mental disability; or
(e) any circumstance in which the victim does not expressly or impliedly acquiesce in the actor's conduct.
Unlawful posting of a vulnerable elderly person on social media 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.
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 elder abuse through social media
Purpose
This bill is intended to make it unlawful for a caretaker to post a picture of a vulnerable elderly person on social media without their consent.
Summary of provisions
Section 1. The penal law is amended by adding a new section 260.40 Unlawful posting of an elderly person on social media
Justification
Recent media reports have highlighted occurrences of a caretaker taking unauthorized photographs or video recordings of a vulnerable elderly person, sometimes in compromised positions. The photographs are then posted on social media networks, or sent through multimedia messages. Such action, dehumanize individuals and create an environment that perpetuates a disrespectful and/or potentially abusive attitude. Care- takers are required to provide care and services in an environment that all individuals are treated as human beings.
Legislative history
2016 referred to Rules 2017-2018 Passed Senate
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.