Founding Attorney
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.