•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01121 Summary:

BILL NOA01121C
 
SAME ASSAME AS S07211-B
 
SPONSORButtenschon
 
COSPNSRJackson, Fall, Gunther, Abinanti, Sillitti, Jones, Jacobson, Conrad, Griffin, Cusick, Galef, Dinowitz, Santabarbara, Simon
 
MLTSPNSR
 
Add §§250.70, 250.71 & 250.72, Pen L; add §52-d, Civ Rts L
 
Creates certain offenses and provisions related to the unlawful dissemination of a personal image; creates a private right of action for such offenses.
Go to top

A01121 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1121C
 
SPONSOR: Buttenschon
  TITLE OF BILL: An act to amend the penal law, in relation to creating the certain offenses and provisions related to the unlawful dissemination of a personal image; and to amend the civil rights law, in relation to creat- ing a private right of action for such offenses   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to criminalize the unlawful dissem- ination of a personal image and create a right of private action for such offenses.   SUMMARY OF PROVISIONS: The penal law is amended by adding three new sections, 250.70, 250.71, and 250.72 establishing the crimes of unlawful dissemination of a personal image in the first and second degrees and creating a right of private action for such Offenses. This legislation would not apply to: the reporting of unlawful conduct; the sharing of images made during lawful and common practices of law enforcement, legal proceedings or medical treatment; the sharing of images involving activities in a public or commercial setting where legal activities are being conducted; or to the sharing of images made for a legitimate public purpose.   JUSTIFICATION: Both Bianca Devins and Caroline Wimmer were brutally murdered and their families suffered immensely due to the images of their murders being disseminated throughout not just their communities but all over social media nationally. In March 2009, a 26 year-old woman named Caroline Wimmer was brutally murdered in her West Brighton, Staten Island apartment. Caroline was a charming and fun-loving young woman, popular amongst her friends and beloved by her family. Emergency personnel arrived on the scene shortly after. Caroline's horrified mother found her on the floor of her bath- room. Inexplicably and shockingly, one of the EMTs on the scene - Mark Musarella took a picture of Caroline and later posted it on his Facebook page. Despite the egregiousness of this act, Musarella could only be charged with the simple misdemeanor of official conduct; he would later plea down to a reduced charge of disorderly conduct, a mere violation no more
Go to top