Kathy Hochul signs bill inspired by late Utica teen Bianca Devins, creates new crimes

A state bill inspired by the death of Utica teenager Bianca Devins was signed into law recently by Gov. Kathy Hochul.

The bill — sponsored by state Assemblywoman Marianne Buttenschon, D-Marcy, and co-sponsored in the state senate by Sen. Joseph Griffo, R-Rome — makes it a crime to share personal images online without permission.

It was written in response to graphic images shared online of Devins' death in July 2019, which were later shared and used to harass the 17-year-old's family.

Buttenschon announced Hochul signing the bill into law in a statement Thursday afternoon.

“It’s unbearable enough to lose a loved one, but to have a violent image of their death posted across the internet is despicable and warrants serious consequences,” said Buttenschon in a statement.

“By signing Bianca’s Bill into law, we’re helping to end trauma like this and ensuring that those who share images online to purposefully degrade and hurt others face significant criminal penalties. I want to thank the governor for bringing this important legislation over the finish line so we can improve public safety and hopefully help those who have lost a loved one find peace. Moreover, I want to thank Bianca’s family for their perseverance and commitment in advocating so no other family needs to endure the constant trauma they have faced.”

Bill’s origin

Devin’s death at the hands of then 21-year-old Brandon Clark of Bridgeport — who later pled guilty to stabbing her to death and posting photos of her body online — gained international attention through the sharing of the images.

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Her family, including her mother and sister, later would describe being harassed with these images online.

Legislators backing the bill also pointed to the 2009 murder of 26-year-old Caroline Wimmer in Staten Island, whose remains were later reportedly shared in images on Facebook.

What the bill does

Now signed into law, the bill will create the crimes of unlawful dissemination of a personal image in the first- and second-degrees, both misdemeanors, as well as allow for private civil action for such offenses, according to Observer-Dispatch archives.

The law would not apply to: reporting unlawful conduct; images shared for medical treatment, law enforcement or legal purposes; images in a public or commercial place "where legal activities are being conducted"; or images shared "for a legitimate public purpose."

Family reaction

Kimberly L. Devins, Bianca’s mother and Frank R. Williams, Bianca’s grandfather thanked Buttenschon and Griffo for shepherding the bill through, according to a family statement provided by Buttenschon's office.

The family also thanked Hochul for signing the bill, calling it "Justice for Bianca."

“We are very grateful that Governor Hochul has signed Bianca’s & Caroline’s Law," the family said, according to Buttenschon's office. "Immediately after the death of our beloved Bianca, our family began receiving graphic postings of her death photos taken by her murderer."

"These were continually sent over many weeks, months and years by heartless people who could not imagine the pain our family was going through. Sadly, cruel people are still sending the photographs over social media three years later. This Law will now hold people accountable if they harass and humiliate victims of violent crimes."

This article originally appeared on Observer-Dispatch: Late Utica teen Bianca Devins inspires bill signed into law by Hochul