Assemblywoman Buttenschon Passes Legislation to Hold Individuals Who Unlawfully Share Images Accountable
Assemblywoman Marianne Buttenschon (D-Utica/Rome) announced that legislation she sponsored to establish criminal and civil penalties for unlawfully disseminating a personal image passed the Assembly (A.1121). Buttenschon crafted the legislation following the tragic murder of Utica resident Bianca Michelle Devin in 2019.
“Bianca Devins lost her life in a horrific act of violence that shocked our Mohawk Valley communities,” said Buttenschon. “Her family and all families deserve the ability to grieve in peace, an ability that has been severely impacted by social media users exploiting her death for follows and likes. My bill will help ensure individuals who share and promote images meant to humiliate, harass or degrade are held accountable for this heinous – and criminal – behavior.”
In 2019, 17-year-old Bianca Devins was murdered after attending a concert with her attacker, who then posted photos of her body on social media. These photos were widely shared across multiple social media platforms.[i] Devins’ family was made aware of her death after they received the photos through messages on their own social media accounts and have been harassed by the images since Bianca’s death. There have also been accounts on platforms like YouTube and Twitter dedicated to analyzing the crime that have promised to share the photos of Devins’ death in exchange for shares or likes.
“Victims of harassment on social media and their families need to know that there are steps they can take to pursue justice beyond suspending a social media account, and today we will make that news known. I want to thank the Devins family for their support and patience as we worked to create this legislation in Bianca Devin’s honor,” Buttenschon stated.
Buttenschon’s legislation would establish the crimes of unlawful dissemination of a personal image in the first, second and third degree, and create a right of private action against such offenses.
This bill is sponsored by Senators Savino and Joe Griffo in the NYS Senate.
“The grieving families of crime victims should not have to relive such horrible, tragic and painful experiences because someone has chosen to disseminate gruesome and violent images online. Individuals deciding to share such disturbing content should be held accountable and face consequences for their reprehensible actions,” Senator Joe Griffo (R-I-C-Rome) stated.
“I applaud Assemblywoman Buttenschon’s work on this very important piece of legislation. People with bad intentions who want to use social media and the internet to exploit their criminal actions need to know that doing so will not be tolerated and will carry significant consequences,” Oneida County Sheriff Robert Maciol stated.
“We at the Utica Police Department stand with and applaud Assemblywoman Buttenschon for her efforts in drafting legislation that would impose civil and criminal penalties for those that knowingly and unlawfully disseminate personal images like those shown during the tragic death of Bianca Devins in 2019,” Utica Police Sergeant Mike Curley stated. “We like many members of the public saw those images and were horrified how quickly they became viral.Families endure enough tragedy and grief during events like this, they do not need to be further traumatized by those seeking notoriety or shock value. We thank Assemblywoman Buttenschon for putting this legislation forward and urge the legislative bodies to quickly enact it into law to protect both the victims and their families.”
“I am glad to see that “Bianca’s Bill” passed the assembly. For too long the internet has provided a platform for painful and demeaning publication of photographs and videos of victims of crime.I hope that this legislation will prevent, in the future, the senseless harassment of victims and their families as has been reported by Bianca’s family,” Scott D. McNamara Oneida County District Attorney stated.
To view a recording of the Assemblywoman speaking about the bill on the Assembly floor, please visit https://drive.google.com/file/d/17_r-xJeJoRLqwZR66Y7DebmhTKBWjdGf/view?usp=sharing