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Long Island, New York Criminal Defense Blog

Monday, July 6, 2020

Revenge Porn Law In NY- Penal law Section 245.15

On Tuesday, July 23, 2019, Governor Cuomo signed a law, Senate Bill S1719C (A5981), which “establishes the crime of unlawful dissemination or publication of an intimate image” (a/k/a “revenge porn”).

The legislation, inter alia, amends the Penal Law by adding a new section (§ 245.15), titled “Unlawful dissemination or publication of an intimate image”, and (on the civil side) adds a new section, § 52-b, to the Civil Rights Law.

The new provisions of the Civil Rights Law include the following language:

§ 52-b. Private right of action for unlawful dissemination or publication of an intimate image.

1. Any person depicted in a still or video image, regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image:

a. was taken when such person had a reasonable expectation that the image would remain private; and

b. depicts (i) an unclothed or exposed intimate part of such person; or (ii) such person engaging in sexual conduct, as defined in subdivision ten of section 130.00 of the penal law, with another person; and

c. was disseminated or published, or threatened to be disseminated or published, without the consent of such person.

The law provides for various remedies, namely injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorney fees. Civil Rights Law § 52-b(2).

 

NYS Revenge Porn Law- Penal Law Section 245.15

245.15 Unlawful dissemination or publication of an intimate image.
    1.  A  person is guilty of unlawful dissemination or publication of an
  intimate image when:
    (a) with intent to cause harm to the emotional, financial or  physical
  welfare  of  another  person,  he  or  she intentionally disseminates or
  publishes  a  still  or  video  image  of  such  other  person,  who  is
  identifiable  from  the  still or video image itself or from information
  displayed in connection with the still  or  video  image,  without  such
  other person's consent, which depicts:
    (i) an unclothed or exposed intimate part of such other person; or
    (ii)  such  other  person  engaging  in  sexual  conduct as defined in
  subdivision ten of section 130.00 of this chapter with  another  person;
  and
    (b)  such  still or video image was taken under circumstances when the
  person depicted had a reasonable expectation that the image would remain
  private and the actor knew or reasonably should have  known  the  person
  depicted  intended  for  the  still  or  video  image to remain private,
  regardless of whether the actor was present  when  the  still  or  video
  image was taken.
    2.  For  purposes  of  this  section  "intimate  part" means the naked
  genitals, pubic area, anus or female nipple of the person.
    2-a. For purposes of this section "disseminate"  and  "publish"  shall
  have the same meaning as defined in section 250.40 of this title.
    3. This section shall not apply to the following:
    (a) the reporting of unlawful conduct;
    (b)  dissemination  or  publication  of  an intimate image made during
  lawful and common practices of law  enforcement,  legal  proceedings  or
  medical treatment;
    (c)  images  involving  voluntary  exposure  in a public or commercial
  setting; or
    (d) dissemination or publication of  an  intimate  image  made  for  a
  legitimate public purpose.
    4. Nothing in this section shall be construed to limit, or to enlarge,
  the  protections  that 47 U.S.C § 230 confers on an interactive computer
  service for content provided by another information content provider, as
  such terms are defined in 47 U.S.C. § 230.
    Unlawful dissemination or publication of an intimate image is a  class
  A misdemeanor.

 

If you have been charged with a crime in New York State (Nassau County, Suffolk County, Queens County, New York County, Kings County, The Bronx), call attorney Michael A. Arbeit immediately at (516) 766-1878 for a free and confidential consultation. Mr. Arbeit is always available 24/7.   

 

 


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