Criminalizes the video recording of the commission of a violent felony and the conspiracy to record such video.
Summary
Bill S01972 aims to amend the New York penal law by introducing new sections that criminalize the act of recording a video of a violent felony. The bill defines a 'violent felony' as any offense outlined in section 70.02 of the penal law. It establishes that individuals who willfully record such acts with the intent to promote or encourage the crime, or conspire to do so, would be guilty of a class E felony. Additionally, the bill provides a provision that if the recorded video is submitted to law enforcement at the first reasonable opportunity, it may be used as evidence to demonstrate a lack of intent to promote the crime.
Impact
If enacted, this bill would create a new category of offense within the New York penal law, specifically targeting individuals who record violent felonies. This would potentially lead to increased legal consequences for those who film such acts, thereby aiming to deter individuals from engaging in or encouraging violent crimes through their recordings. The law would also affect law enforcement practices, as the submission of such videos could influence investigations and prosecutions.
Sentiment
The general sentiment around Bill S01972 appears to be cautious, with discussions likely focusing on the implications of criminalizing video recording in the context of violent crimes. While some may support the bill as a means to deter violence and promote accountability, others may express concerns regarding freedom of expression and the potential consequences for bystanders who record events without malicious intent.
Contention
Notable points of contention may arise around the definitions of intent and the implications for individuals who record violent acts without intending to promote them. Critics may argue that the bill could inadvertently penalize innocent bystanders or those who record for journalistic purposes. Supporters, however, may contend that the law is necessary to prevent the glorification of violence through social media and other platforms.
Modifying the elements of the crime of blackmail related to threatened dissemination of any image, video or other recording of another identifiable person who is nude or engaged in sexual activity by changing the connection to breach of privacy and describing the content of the image, video or other recording.
Local government; provide exemption from disclosing audio and video recordings captured by law enforcement when such recordings depict a person's death