STATE OF NEW YORK ________________________________________________________________________ 5729 2017-2018 Regular Sessions IN SENATE April 27, 2017 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to criminalizing the filming of a violent crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 235 of the penal law is amended by adding three new 2 sections 235.25, 235.26 and 235.27 to read as follows: 3 § 235.25 Recording a video of the commission of a violent felony; defi- 4 nitions of terms. 5 For the purposes of sections 235.26 and 235.27, of this article the 6 term "violent felony" means any offense described in section 70.02 of 7 this chapter. 8 § 235.26 Recording a video of the commission of a violent felony. 9 A person is guilty of recording a video of the commission of a violent 10 felony when he or she: 11 1. wilfully records a video of the commission of a violent felony with 12 intent to promote or encourage the commission of the underlying violent 13 felony; or 14 2. conspires with another to record a video of the commission of a 15 violent felony with intent to promote or encourage the commission of the 16 underlying violent felony. 17 Recording a video of the commission of a violent felony is a class E 18 felony. 19 § 235.27 Recording a video of the commission of a violent felony; limi- 20 tations. 21 Submission of the video described in section 235.26 of this article by 22 the person recording the video to law enforcement at the first reason- 23 able opportunity may be considered as evidence that the person lacked 24 the intent to promote or encourage the commission of the underlying 25 violent felony. 26 § 2. This act shall take effect on the first of November next succeed- 27 ing the date on which it shall become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11170-02-7