Creates the crimes of unlawful dissemination of an intimate image in the first and second degrees as a class E felony and class A misdemeanor, respectively.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A877
SPONSOR: Gunther (MS)
 
TITLE OF BILL:
An act to amend the penal law, in relation to creating the crimes of
unlawful dissemination of an intimate image in the first and second
degrees
 
SUMMARY OF PROVISIONS:
Section 1 applies the existing definitions of "sexual or other intimate
parts" and "disseminate" to these two new crimes.
Section 2 creates the new crimes of Unlawful dissemination or an inti-
mate image in the second degree, a class A misdemeanor, committed when
one, with intent to harass, annoy or alarm, intentionally disseminates
an image of the sexual or other intimate parts of another person without
that person's explicit consent; and Unlawful dissemination of an inti-
mate image in the first degree, a class E felony, committed when one
commits the crime in the second degree and has a previous conviction for
the crime either in the first or second degree.
Section 3 states nothing in this bill shall be construed to impose
liability on an interactive computer service for content provided by
another person.
Section 4 Effective date.
 
JUSTIFICATION:
For all the advantages that the internet provides, it also assists indi-
viduals in perpetrating harm upon others. Social media allows for the
widespread dissemination of information and images, and websites devoted
to providing people with a means to perpetrate revenge upon former
spouses, girlfriends or boyfriends have been created.
New York law protects one from such conduct if they are unaware that
such images are being taken. Unfortunately, one may provide an intimate
image to another in the context of a relationship with the expectation
that such will be a private sharing. When the relationship ends, the
spurned partner has a means to humiliate the other by sharing those
intimate images with millions of strangers as well as with the person's
family, neighbors, friends, employer and co-workers.
This bill would protect everyone's intimate images from further dissem-
ination without his or her explicit consent for dissemination, if such
dissemination was done with the intent to harass, annoy or alarm the
subject of the image. It provides this protection regardless of who
photographed the image and prevents this new form of cyber-bullying.
 
LEGISLATIVE HISTORY:
2015-16: A1185 Referred to Codes/S610 Passed Senate
2013-14: A8204 Referred to Codes/S5946A Passed Senate
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
One hundred and eightieth day after it becomes law.