What's happening
This bill makes it a misdemeanor to share obscene images of someone on the internet without their knowledge or consent.
Why it matters
Expands criminal liability to those who share obscene images online without the depicted person’s knowledge or consent. , even if they did not take the images themselves—addressing a gap in current law that only punished distribution of images obtained through unlawful surveillance.
Clearly defines "obscene" using existing legal standards. (from section 235.00), providing a legal benchmark for what types of images are covered and aiming to limit the law to particularly egregious content.
Specifically exempts online platforms and service providers from criminal liability. when they are not the originators of the content, protecting internet companies from prosecution over user-generated material and focusing criminal responsibility on individual offenders.
Sets the penalty as a class A misdemeanor. , signaling the seriousness of nonconsensual distribution of obscene images and potentially deterring harmful online behavior by creating criminal consequences.
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Who cares
Headline styles
Ban Unconsented Porn Image Sharing
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
915
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, FUNKE, HELMING, O'MARA, RANZENHOFER, ROBACH, SERINO -- 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 any image of a person to an obscene internet website, without such person's knowledge or consent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 250.55 of the penal law, as amended by chapter 193 of the laws of 2014, is amended to read as follows: § 250.55 Dissemination of an unlawful surveillance image in the second
degree.
A person is guilty of dissemination of an unlawful surveillance image in the second degree when [he]:
1. He or she, with knowledge of the unlawful conduct by which an image or images of the sexual or other intimate parts of another person or persons were obtained and such unlawful conduct would satisfy the essential elements of the crime of unlawful surveillance in the first or second degree, as defined, respectively, in section 250.50 or 250.45 of this article, intentionally disseminates such image or images[.]; or
2. Without the knowledge or consent of another person, he or she disseminates an image of that person which he or she knows is obscene, to a computer network internet website. For the purpose of this section, "obscene" shall have the same meaning as it is defined in subdivision one of section 235.00 of this part. Nothing in this subdivision shall be construed to impose liability or culpability on an interactive computer service as defined in 47 U.S.C. 230(f)(2), or an information service or telecommunication service as defined in 47 U.S.C. 153, for content provided by another person.
Dissemination of an unlawful surveillance image in the second degree 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.
LBD03007-01-9
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 prohibiting the dissem- ination of any image of a person to an obscene internet website, without such person's knowledge or consent
Summary of provisions
Section 1: Amends section 250.55 of the penal law create the crime of dissemination of an unlawful surveillance image without the consent or knowledge of another person to a computer network Internet website. The penalty for such crime will be a class A misdemeanor.
Section 2: Establishes an effective date on the first of November after enactment into law.
Justification
The technology of the internet has evolved rapidly. This technology has given rise to a new form of pedophile, one who has discovered the abili- ty to capitalize on technology for their perverse motives. This bill provides protection from such predatory activities which previously had not been determined to be illegal or criminal.
Legislative history
2018: S.457 Committed to Rules
2017: S.457 Passed Senate
2015,2016: S.2990 Passed Senate
2013,2014: S.3378A Passed Senate
2011,2012: S.743A Passed Senate
2009,2010: S.3418 Referred to Codes
2008: S.6912 Passed Senate
Fiscal implications
None to the State.
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.