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A00877 Summary:

BILL NOA00877
 
SAME ASSAME AS S00642
 
SPONSORGunther (MS)
 
COSPNSRSepulveda
 
MLTSPNSRCurran
 
Amd §250.40, add §§250.70 & 250.75, Pen L
 
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.
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A00877 Actions:

BILL NOA00877
 
01/09/2017referred to codes
01/03/2018referred to codes
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A00877 Memo:

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.
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