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Legislative Memo

Johnny Evers
Director of Government Affairs
T 518.694.4463
www.bcnys.org

BILL:

S.2725-A (Griffo) / A.1641-A (Braunstein)

Support

SUBJECT:

Establishing the crime of non-consensual dissemination of sexually explicit images

 

DATE:

June 20, 2018

 

The Business Council of New York State, the state’s leading statewide business and industry association, supports this legislation that would establish the crime of non-consensual dissemination of sexually explicit images.

This bill moves New York State more into line with other States in the area of protections afforded those who are the victims of having been subjected to the non-consensual dissemination of sexually explicit images without their consent. The proposal adds a new section, 250.70 to the New York Penal Law, which provides that a person is guilty of non-consensual dissemination of sexually explicit images when he or she knowingly discloses a photograph, film, videotape, or recording of another person whose intimate parts are exposed or who is engaged in an act of sexual contact, when a reasonable person would have known that the person depicted would not have consented to such dissemination.

Additionally, the dissemination must be without such person's consent and under circumstances in which the person has a reasonable expectation of privacy, i.e., the person has consented to the capture or possession of an image within the context of a private or confidential relationship.

The measure makes it a Class A misdemeanor to intentionally publish online a photo or video of someone's naked or partially naked body without their permission.

This legislation is supported by a broad coalition of companies including over 50 Business Council members. As a result of this support, The Business Council believes the measure should advance this year.  

While there are other bills that try to address this important issue, they fall short of the provisions addressed in this measure, and can place providers into frivolous legal disputes that is counter to the main focus of this legislation. While "revenge porn" is a legitimate problem that many people, especially young women, suddenly find themselves facing, other bills pending that propose to respond to this issue are drafted to help trial lawyers over the victims. 

For all the above reasons, we respectfully encourage the Assembly to adopt A.1641-A.