NY S08202

Creates new Penal Law § 260.40 making it unlawful for a caregiver to post images or videos of a vulnerable elderly person on social media (Facebook, YouTube, Twitter, Instagram, Snapchat, Tumblr, Flickr, Vine) without their consent.

Defines "vulnerable elderly person" as someone age 60 or older suffering from a disease or infirmity of advanced age that renders them incapable of adequately providing for their own health or personal care.

Defines "caregiver" as persons who assume care responsibility through court order, receive payment for care, are identified as caregivers under public health law, or are informal caregivers such as family members or neighbors providing daily care or supervision.

Establishes that lack of consent results from forcible compulsion, physical helplessness, mental incapacity, mental disability, or failure to expressly or impliedly acquiesce to the posting.

Classifies violation as a Class A misdemeanor, effective November 1 following enactment.