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Laws against synthesis and other related crimes: Difference between revisions
Laws against synthesis and other related crimes (edit)
Revision as of 14:34, 24 March 2021
, 3 years ago→Law on synthetic filth in New York: fmt + duplicate the § 250.70 they want to add
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[[File:Flag of New York (1909–2020).png|thumb|left|200px|[[w:New York State]] is contemplating the [https://www.nysenate.gov/legislation/bills/2021/S1641 senate bill S1641] to ban sending unsolicited pornography.]] | [[File:Flag of New York (1909–2020).png|thumb|left|200px|[[w:New York State]] is contemplating the [https://www.nysenate.gov/legislation/bills/2021/S1641 senate bill S1641] to ban sending unsolicited pornography.]] | ||
In the 2021-2022 [[w:New York State Senate]] regular sessions, on 2021-01-14 Senators [[w:James Skoufis]], [[w:Brian Benjamin]] and [[w:Todd Kaminsky]] of the New York State Senate introduced [https://www.nysenate.gov/legislation/bills/2021/S1641 New York Senate bill '''S1641''' - ''Establishes the crime of unlawful electronic transmission of sexually explicit visual material''] | In the 2021-2022 [[w:New York State Senate]] regular sessions, on 2021-01-14 Senators [[w:James Skoufis]], [[w:Brian Benjamin]] and [[w:Todd Kaminsky]] of the New York State Senate introduced [https://www.nysenate.gov/legislation/bills/2021/S1641 New York Senate bill '''S1641''' - ''Establishes the crime of unlawful electronic transmission of sexually explicit visual material''] to add '''§ 250.70 ''UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL''''' to the criminal code. On 2021-03-19 an identical [https://www.nysenate.gov/legislation/bills/2021/A6517 New York Assembly bill '''A6517''' - ''Establishes the crime of unlawful electronic transmission of sexually explicit visual material''] was introduced to the [[w:New York State Assembly]] by Assembly Member [[w:Aileen Gunther]].<ref group="1st seen in"> | ||
First seen in the [https://trackbill.com/search/#/related=%7B%22id%22:%221690501%22,%22state%22:%22CA%22,%22session%22:%222019%22,%22billId%22:%22AB602%22%7D&direction=desc&page=1&resultsPerPage=25&sort=relevancy&tracked&upcoming_hearings&type=bills&state=all&session suggestions for similar bills for Bills similar to CA AB602 by trackbill.com]. | First seen in the [https://trackbill.com/search/#/related=%7B%22id%22:%221690501%22,%22state%22:%22CA%22,%22session%22:%222019%22,%22billId%22:%22AB602%22%7D&direction=desc&page=1&resultsPerPage=25&sort=relevancy&tracked&upcoming_hearings&type=bills&state=all&session suggestions for similar bills for Bills similar to CA AB602 by trackbill.com]. | ||
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</ref> | </ref> | ||
* | * '''Title of bill''': ''An act to amend the penal law, in relation to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material'' | ||
* | * '''Purpose''': ''The purpose of this bill is to make it unlawful to send sexually explicit material through electronic means unless the material is sent at the request of, or with the express consent of the recipient.'' | ||
request of, or with the express consent of the recipient.'' | |||
* | * '''Summary of provisions''': Adds a '''new section 250.70''' to the penal law making it ''unlawful to knowingly transmit by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed unless the material is sent at the request of, or with the express consent of the recipient. | ||
* | * '''Justification''': ''Currently under New York State law, indecent exposure in person is a crime, but it is not unlawful to send sexually explicit photos to nonconsenting adult recipients through electronic transmission. With the growing modem age of online dating, many individuals are receiving sexually explicit visual content without their consent from strangers. No person should be forced to view sexually explicit material without their | ||
nonconsenting adult recipients through electronic transmission. With the growing modem age of online dating, many individuals are receiving sexually explicit visual content without their consent from strangers. No person should be forced to view sexually explicit material without their | consent. | ||
consent. | |||
The bill offers a clear deterrent to those considering sending unsolicited sexual pics and similar inappropriate conduct, and protects the | The bill offers a clear deterrent to those considering sending unsolicited sexual pics and similar inappropriate conduct, and protects the | ||
unwilling recipients who currently have no legal recourse for such abuses. | unwilling recipients who currently have no legal recourse for such abuses. | ||
What is illegal in the real world must be illegal in the digital world,and this legislation is a first step in the right direction in adding that accountability.'' | What is illegal in the real world must be illegal in the digital world, and this legislation is a first step in the right direction in adding that accountability.'' | ||
* | * '''Legislative history''': | ||
*# Senate - 2020 - S5949 Referred to Codes | *# Senate - 2020 - S5949 Referred to Codes | ||
*# Assembly - 2020 - A7801 Referred to Codes | *# Assembly - 2020 - A7801 Referred to Codes | ||
* | * '''Fiscal implications''': ''Minimal'' | ||
* | * '''Effective date''': ''This act shall take effect on the first of November next succeeding the date on which it shall have become a law.'' | ||
The text of the bill is, as of 2021-03-24, as follows: | The text of the bill is, as of 2021-03-24, as follows: | ||
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:"Section 1. The penal law is amended by adding a new section 250.70 to read as follows: | :"Section 1. The penal law is amended by adding a new section 250.70 to read as follows: | ||
:'''§ 250.70 | :'''§ 250.70 ''UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL'''''. | ||
:A person is guilty of unlawful electronic transmission of sexually explicit visual material if a person knowingly transmits by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed or depicts the covered genitals of a male person that are in a discernibly turgid state and such visual material is not sent at the request of or with the express consent of the recipient. For purposes of this section the term "intimate parts" means the naked genitals, pubic area, anus, or female postpubescent nipple of the person and the term "sexual conduct" shall have the same meaning as defined in section 130.00 of this chapter. Unlawful electronic transmission of sexually explicit visual material is a class a misdemeanor. | :A person is guilty of unlawful electronic transmission of sexually explicit visual material if a person knowingly transmits by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed or depicts the covered genitals of a male person that are in a discernibly turgid state and such visual material is not sent at the request of or with the express consent of the recipient. For purposes of this section the term "intimate parts" means the naked genitals, pubic area, anus, or female postpubescent nipple of the person and the term "sexual conduct" shall have the same meaning as defined in section 130.00 of this chapter. Unlawful electronic transmission of sexually explicit visual material is a class a misdemeanor. | ||