BILL NUMBER: S4853
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to the crime of public lewd-
ness
 
PURPOSE:
This legislation will make it unlawful to send unsolicited intimate
images punishable by fine and allow for judicial discretion to require
sexual harassment prevention classes.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 245.00 of the penal law to create the crime of
unsolicited disclosure of an intimate image as a violation. A person is
guilty of public lewdness if they intentionally expose their private
parts or commit a lewd act in a public place, in a private setting where
they can be readily observed, or while trespassing in a dwelling where
they are seen by a lawful occupant.
Section 2: Sets Effective Date.
 
JUSTIFICATION:
Sexual harassment harms an individual's health and mental well-being and
even has economic impacts. This "cyber flashing" has been frequently
reported on mass transit and at significant events in attempts to mask
the sender's identity. 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 Communication
devices and Bluetooth file-sharing services like Airdrop, unsolicited
intimate image sharing has become more commonplace. "Cyber flashing" has
also been reported by users of online dating platforms, 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. Howev-
er, for some individuals with a history of sexual trauma, these unsolic-
ited sexual images may trigger emotional distress.
An individual convicted of this crime may be subject to a term of impri-
sonment of up to 15 days and may also be court-ordered to take sexual
harassment training. Having such training as an accessible option will
teach individuals the importance of consent and personal boundaries.
Whether in public or within private conversations, it is unacceptable
for unsuspecting individuals to be harassed with lewd, nude photos. 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 unsolicited intimate images.
 
LEGISLATIVE HISTORY:
Senate
2019: N/A
2020: S7076A, Amend and Recommit to Codes
2021: S6420A, Referred to Codes
2022: S6420A, Advanced to Third Reading
2023: S4740A, Advanced to Third Reading
2024: S4740A, Advanced to Third Reading
Assembly
2019: N/A
2020: A10185A, Referred to Codes
2021: A318B, Amend and Recommit to Codes
2022: A318B, Amend and recommit to codes
2023: A319, Referred to Codes
2024: A319, Referred to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.