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S01042 Summary:

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S01042 Memo:

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S01042 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1042--A
            Cal. No. 741
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by  Sens. HINCHEY, COMRIE, SKOUFIS -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
 
        AN ACT to amend the penal law, in relation to unlawful dissemination  or
          publication of intimate images created by digitization and of sexually
          explicit depictions of an individual; and to repeal certain provisions
          of such law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1 and 2 of section 245.15 of the penal law, as
     2  added by chapter 109 of the  laws  of  2019,  are  amended  to  read  as
     3  follows:
     4    1.  A  person is guilty of unlawful dissemination or publication of an
     5  intimate image when:
     6    (a) with intent to cause harm to the emotional, financial or  physical
     7  welfare of another person, [he or she] they intentionally [disseminates]
     8  disseminate or [publishes] publish a still or video image [of] depicting
     9  such other person[, who is identifiable] with one or more intimate parts
    10  exposed  or engaging in sexual conduct with another person, including an
    11  image created or altered by digitization, where such person may  reason-
    12  ably be identified from the still or video image itself or from informa-
    13  tion  displayed  in  connection  with the still or video image[, without
    14  such other person's consent, which depicts:
    15    (i) an unclothed or exposed intimate part of such other person; or
    16    (ii) such other person engaging in sexual conduct as defined in subdi-
    17  vision ten of section 130.00 of this chapter with another person]; and
    18    (b) [such still or video image was  [taken  under  circumstances]  the
    19  actor  knew or reasonably should have known that the person depicted did
    20  not consent to such dissemination or publication, including the  dissem-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03895-02-3
        S. 1042--A                          2
 
     1  ination  or publication of an image taken with the consent of the person
     2  depicted when [the] such person [depicted] had a reasonable  expectation
     3  that  the  image  would remain private [and the actor knew or reasonably
     4  should  have  known  the person depicted intended for the still or video
     5  image to remain private], regardless of whether the  actor  was  present
     6  when [the still or video] such image was taken.
     7    2. For  purposes  of  this  section the following terms shall have the
     8  following meanings:
     9    (a)  "intimate    part"  means the naked genitals, pubic area, anus or
    10  female nipple of the person[.];
    11    (b) "disseminate"  and   "publish"   shall have the  same  meaning  as
    12  defined in section 250.40 of this title;
    13    (c)  "sexual conduct" shall have the same meaning as defined in subdi-
    14  vision ten of section 130.00 of this chapter; and
    15    (d) "digitization" shall mean to alter an image in a realistic  manner
    16  utilizing  an  image  or  images  of  a  person,  other  than the person
    17  depicted, or computer generated images.
    18    § 2. Subdivision 2-a of section 245.15 of the penal law is REPEALED.
    19    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    20  have become a law.