New York A 4476: Relates to powers and duties of trustees; in state tuition for active and retired military members

Bill Text

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A04476 Summary:

BILL NOA04476 

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SAME ASNo Same As

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SPONSORJensen

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COSPNSR

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MLTSPNSR

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Add §260.40, Pen L

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Relates to making it unlawful for a caretaker to post a vulnerable elderly person on social media without their consent.

Go to top A04476 Actions:

BILL NOA04476 

&nbsp

02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04476 Committee&nbspVotes:

Go to topA04476 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04476 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4476

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. JENSEN -- read once and referred to the Committee
 on Codes

 AN ACT to amend the penal law, in relation to elder abuse through social
 media

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 260.40 to
 2 read as follows:
 3 § 260.40 Unlawful posting of a vulnerable elderly person on social
 4 media.
 5 A person is guilty of unlawful posting of a vulnerable elderly person
 6 on social media when, being a caregiver while performing their duty of
 7 care for a vulnerable elderly person, such person posts an image or
 8 video of such elderly person on social media including, but not limited
 9 to Facebook, YouTube, Twitter, Instagram, Snapchat, Tumblr and Flickr,
 10 without such person's consent.
 11 1. The following definitions are applicable to this section:
 12 (a) "Forcible compulsion" means to compel by either:
 13 (i) use of physical force; or
 14 (ii) a threat, express or implied, which places a person in fear of
 15 immediate death or physical injury to themself or another person, or in
 16 fear that they or another person will immediately be kidnapped.
 17 (b) "Physical helplessness" means that a person is unconscious or for
 18 any other reason is physically unable to communicate unwillingness to an
 19 act.
 20 (c) "Mental incapacity" means an individual does not comprehend the
 21 nature and consequences of what they consent to.
 22 (d) "Mental disability" means that a person suffers from a mental
 23 disease or defect which renders them incapable of informed consent.
 24 (e) "Caregiver" means a person who (i) assumes responsibility for the
 25 care of a vulnerable elderly person pursuant to a court order; (ii)

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06753-01-5

 A. 4476 2

 1 receives monetary or other valuable consideration for providing care for
 2 a vulnerable elderly person; (iii) is identified as a caregiver by a
 3 patient under the public health law who provides after-care assistance
 4 to a patient living in their residence including, but not limited to, a
 5 relative, partner, friend or neighbor who has a significant relationship
 6 with the patient; or (iv) is an informal caregiver such as a family
 7 member, friend, neighbor, or other natural person who normally provides
 8 the daily care or supervision of a vulnerable elderly person who may,
 9 but need not reside in the same household as the vulnerable elderly
 10 person.
 11 (f) "Vulnerable elderly person" means a person sixty years of age or
 12 older who is suffering from a disease or infirmity associated with
 13 advanced age and manifested by demonstrable physical, mental or
 14 emotional dysfunction to the extent that the person is incapable of
 15 adequately providing for their own health or personal care.
 16 2. Lack of consent under this section results from:
 17 (a) forcible compulsion;
 18 (b) physical helplessness;
 19 (c) mental incapacity;
 20 (d) mental disability; or
 21 (e) any circumstance in which the victim does not expressly or
 22 impliedly acquiesce in the actor's conduct.
 23 Unlawful posting of a vulnerable elderly person on social media is a
 24 class A misdemeanor.
 25 § 2. This act shall take effect on the first of November next succeed-
 26 ing the date on which it shall have become a law.

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