Creates certain offenses and provisions related to the unlawful dissemination of a personal image; creates a private right of action for such offenses.
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
