BILL NUMBER: S4740A
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to the crime of public lewd-
ness
 
PURPOSE:
To add cyberflashing to the crime of public lewdness.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 245.00 of the penal law by adding a new subdi-
vision 2 which adds the act of electronically transmitting an intimate
image in or around a public place without consent to the crime of public
lewdness.
Section 2 provides the effective date.
 
JUSTIFICATION:
Sexual harassment has a negative effect on the individual's health and
mental well-being and even has economic impacts. This "cyber flashing"
has been frequently reported on mass transit and at large events in
attempts to mask the identity of the sender. There is no rational reason
that an individual should be sharing intimate images without consent
from the receiver. With the advancement and wide adoption of Near Field
Communications devices and Bluetooth file-sharing services such as
Airdrop, unsolicited intimate image sharing has become more commonplace.
"Cyber flashing" has also been reported by users of online dating plat-
forms, such as Tinder and Bumble. In April 2019, Wolfe Herd estimated
that 78% of millennial women have received an unwanted intimate image.
Most people who have received explicit unsolicited messages feel
disgusted and unsafe. However, for some individuals with a history of
sexual trauma, these unsolicited sexual images may trigger emotional
distress.
It is unacceptable for unsuspecting individuals to be harassed while out
in public with lewd, nude photos that they did not consent to receive.
Both Texas and South Carolina have outlawed this practice. Ultimately,
this will dissuade those seeking to harass others with nude photos and
ensure accountability for those who choose to send such unsolicited
intimate images.
 
PRIOR LEGISLATIVE HISTORY:
Senate
2021-2022 S6420A, Committed to Rules
Assembly
2021-2022 A318, Referred to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Ninetieth day after it shall have become law.