Assemblywoman Amy Paulin's Bill Closes Legal Loophole

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Amy Paulin (D-88) debating a bill on the Assembly floor.
Amy Paulin (D-88) debating a bill on the Assembly floor. Photo Credit: http://assembly.state.ny.us/mem/Amy-Paulin/

WESTCHESTER COUNTY, N.Y. – A new law authored by Assemblywoman Amy Paulin (D-Scarsdale) ensures a person who broadcasts an image of other persons engaged in sexual conduct without their consent can be prosecuted, regardless of which body parts appear in the image.

Gov. Andrew Cuomo signed this legislation into law on Friday. Previously, the law required “sexual parts” to be visible in images before a person broadcasting such images could be prosecuted, according to a press release.

“A person’s right to privacy is paramount,” Paulin said in a press release. “If a person is involved in a private moment or situation, he or she has the right to expect the moment will remain private and not be broadcast over the Internet or via any other medium.”

Under the new law, a person who uses any device to view, broadcast or record other persons engaged in sexual conduct without their consent can be charged with unlawful surveillance in the second degree—regardless of what appears on the images.

The legislation follows a situation in which a Rockland County woman reported to the Clarkston police that her image was being posted on the Internet without her consent. Because sexual parts were not visible on the image, Clarkstown Police could not press charges.

David Carlucci, who represents Clarkstown, sponsored the bill in the Senate.

Paulin represents the 88th New York State Assembly District, which includes Scarsdale, Eastchester, Tuckahoe, Bronxville, Pelham, Pelham Manor, and parts of New Rochelle and White Plains.

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