BILL NUMBER: S628
SPONSOR: STAVISKY
 
TITLE OF BILL:
An act to amend the penal law, in relation to adding transmission of
unwanted lewd or intimate images to the definition of aggravated harass-
ment in the second degree
 
PURPOSE OR GENERAL IDEA OF BILL:
To penalize intentional harassment of another person via the trans-
mission of lewd imagery without the consent of the recipient.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 240.30 of the penal law by adding a new subdi-
vision 2-a to include the intentional transmission of lewd or intimate
images to another person, when done with the intent to harass, annoy,
threaten, or alarm another person.
Section 2. Sets forth the effective date.
 
JUSTIFICATION:
With the advent of smartphone technology, our ability to communicate
with colleagues, loved ones, and the wider world have improved immeasur-
ably. Yet every advance in technology throughout history has regrettably
been accompanied by a similar advance in the willingness of bad actors
to abuse technology for nefarious purposes.
For example, to cite just one method currently in vogue, perverts have
been using AirDrop technology - a Bluetooth-based method of sharing
files on the Apple iPhone device - to force unsuspecting victims to view
lewd images without consent. Because of the very nature of the AirDrop
system, recipients are forced to view a "preview" of the images in ques-
tion before they can reject them. Therefore, the goal of the offender is
accomplished without the consent of the recipient, as anyone within
AirDrop range of the sender is forced to view the image(s) in question,
even if they ultimately choose to reject the file transfer.
This is just one example of the misuse of smartphone technology that
harasses and disturbs law-abiding New Yorkers attempting to go about
their day, including on public transportation in close proximity to
strangers. This new legislation provides one measure of protection to
the puolic by amending the Penal Law to specifically deter this conduct.
 
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.8871-A/5.6887-A - Referred to Codes.
2021-2022: A.1965/S.4223 - Referred to Codes.
2023-2024: No Same As/S1894 - Referred to Codes.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
Shall take effect Immediately.

Statutes affected:
S628: 240.30 penal law