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FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024
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Senate Bill S1719C
SIGN E D BY GOVERNOR
2019-2020 Legislative Session
Establishes the crime of unlawful dissemination or publication of an intimate image
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SPONS O R E D BY
Monica R. Martinez (/Senators/Monica-R-
Martinez)
(D) 0 SENATE DISTRICT
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ACTIO N S
H I D E ACTIONS ( 1 5 ) ^
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2019 Signed Chap.109
Jul 22, 2019 Delivered To Governor
Feb 28, 2019 RETURNED TO ASSEMBLY
PASSED SENATE
3RD READING CAL.61
SUBSTITUTED FOR S1719C
Feb 28, 2019 SUBSTITUTED BY A5981
Feb 26, 2019 AMENDED ON THIRD READING 1719C
Feb 05, 2019 AMENDED ON THIRD READING 1719B
Feb 04, 2019 ADVANCED TO THIRD READING
Jan 29, 2019 2ND REPORT CAL.
Jan 28, 2019 1ST REPORT CAL.61
Jan 24, 2019 PRINT NUMBER 1719A
Jan 24, 2019 AMEND AND RECOMMIT TO CODES
Jan 15, 2019 REFERRED TO CODES
VOTES
V I E W VOTES e
FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024
BILL DOC.
NYSCEF A M E NNO.
DME8 N TS RECEIVED NYSCEF: 04/22/2024
C (ACTIVE)
e
CO-SP O N S O R S
Alessandra Biaggi (/Senators/Alessandra-
Phil Boyle (/Senators/Phil-Boyle)
(R) 4TH SENATE DISTRICT
Biaggi)
(D, WF) 34TH SENATE DISTRICT
Neil D. Breslin (/Senators/Neil-D- Rich Funke (/Senators/Rich-
Breslin) Funke)
(D, IP, WF) 44TH SENATE DISTRICT (R, C, IP) 0 SENATE DISTRICT
V I E W ADDITIONA L C O - S P O N S O R S e
S1719 C ( ACTI V E ) - D ETA I L S
See Assembly Version of this Bill:
A5981 (/Legislation/Bills/2019/A5981)
Law Section:
Penal Law
Laws Affected:
Add §245.15, Pen L; amd §530.11, CP L; amd §812, Fam Ct Act; add §52-b, Civ Rts L
S1719 C ( ACTI V E ) - S UMM A RY
Establishes the crime of unlawful dissemination or publication of an intimate image and creates a
private right of action for such crime.
S1719 C ( AC T I V E ) - SPONSOR MEMO
FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024
NYSCEF DOC. NO. 8
BILL NUMBER: S1719C
RECEIVED NYSCEF: 04/22/2024
SPONSOR: MARTINEZ
TITLE OF BILL:
An act to amend the penal law, the criminal procedure law, the family
court act and the civil rights law, in relation to establishing the
crime of unlawful dissemination or publication of an intimate image
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the crime of unlawful dissemination or publication of an
intimate image
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section, 245.15 to the Penal Law, which provides
that a person is guilty of unlawful dissemination or publication of an
intimate image when with intent to cause harm to the emotional, finan-
cial or physical welfare of another person, he or she intentionally
disseminates or publishes a still or video image of such other person,
FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024
who is identifiable from the still or video image itself or from infor-
NYSCEF DOC. NO. 8
mation displayed in connection with the still or video image, without
RECEIVED NYSCEF: 04/22/2024
such person's consent.
Additionally, the dissemination must depict an unclothed or exposed
intimate part of such other person; or such other person engaging in
sexual conduct with another person; and such still or video image was
taken under circumstances when the person depicted had a reasonable
expectation for the image to remain private, regardless of whether the
actor was present when the still or video image was taken.
Unlawful dissemination or publication of an intimate image is a class A
misdemeanor.
Section 2 provides definitions of "intimate part," "disseminate," and
"publish."
Section 3 provides exceptions for the reporting of unlawful conduct,
dissemination or publication of an intimate image made during lawful and
common practices of law enforcement, legal proceedings or medical treat-
ment, images involving voluntary exposure in a public or commercial
setting, or dissemination or publication for a legitimate public
purpose.
Section 4 provides that nothing in this section shall be construed to
limit or enlarge protections that 47 U.S.C. § 230 confers on an interac-
tive computer service
Subdivision 1 of Section 530.11 of the Criminal Procedure Law and Subdi-
vision 1 of Section 812 of the Family Court Act are amended to provide
concurrent jurisdiction to the family court and criminal courts over any
proceeding concerning acts of unlawful dissemination or publication of
an intimate image.
Section 52-B is also added to the Civil Rights Law to allow for a
private right of action for the unlawful dissemination or publication of
an intimate image.
Section 1 - Regardless of whether or not the original still or video
image was consensually obtained, a person depicted 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 was
taken when such person had a reasonable expectation of privacy, and it
depicts an unclothed or exposed intimate part of such person, or such
person engaging in sexual conduct with another person, and it was
disseminated or published, or threatened to disseminated or publish,
without the consent of such person.
any website or internet service provider that hosts or transmits a still
or video image, viewable in this state, taken under circumstances where
the person depicted had a reasonable expectation of privacy, which
depicts an unclothed or exposed intimate part of a resident of this
state, or a resident of this state engaging in sexual conduct with
another person and which reveals an unclothed or exposed intimate part,
and such still or video image is hosted or transmitted without the
consent of such resident of this state, shall be subject to personal
jurisdiction in a civil action in this state to the maximum extent
permitted.
Section 2 - In any action commenced, the finder of fact may award
injunctive relief, exemplary damages, compensatory damages and reason-
able court costs and attorney's fees.
Section 3 provides exceptions for the reporting of unlawful conduct,
dissemination or publication of an intimate image made during lawful and
common practices of law enforcement, legal proceedings or medical treat-
ment, images involving voluntary exposure in a public or commercial
setting, or dissemination or publication for a legitimate public purpose
Section 4 provides for an action or special proceeding for a court order
to require any website to permanently remove such still or video image.
Section 5 - Any website that hosts or transmits a still or video image,
taken under circumstances where the person depicted had a reasonable
expectation of privacy, which depicts an unclothed or exposed intimate
part, or a resident of New York engaging in sexual conduct, and such
still or video image is hosted or transmitted without the consent of
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such resident, shall be subject to personal jurisdiction in a civil
NYSCEF DOC. NO. 8
action to the maximum extent permitted.
RECEIVED NYSCEF: 04/22/2024
Section 6 - A cause of action or special proceeding shall be commenced
the later of either three years after the dissemination or publication
of an image, or one year from the date a person discovers the dissem-
ination or publication of such image.
Section 7 - Nothing herein shall be read to require a prior criminal
complaint, prosecution or conviction to establish the elements of the
cause of action provided for by this section.
Section 8 - The provisions of this section are in addition to, but shall
not supersede, any other rights or remedies available in law or equity.
Section 9 - If any provision of this section is held invalid, the inva-
lidity shall not affect other provisions of this section.
Section 10 - Provides that nothing in this section shall be construed to
limit or enlarge protections that 47 U.S.C. § 230 confers on an interac-
tive computer service
JUSTIFICATION:
In an era of increased text messaging, social networking, and emailing,
people in intimate relationships sometimes share pictures with each
other, some of which may be sexually explicit in nature. However, recip-
ients of these images do not always keep the images within the confines
of an intimate relationship, and have the ability to widely disseminate
the photos on the Internet. The unlawful dissemination and publication
of such intimate images, also known as "revenge porn" is often provided
to Internet websites, and features photos sometimes accompanied by
disparaging descriptions and identifying details, such as where the
victims live and work, as well as links to their social network pages.
Posting these photographs online is damaging to the reputations of the
victims. These photographs have extensive negative effects, including
destroying future intimate relationships and educational and employment
opportunities. Victims are routinely threatened with sexual assault,
stalked, harassed, or fired from jobs.
Criminalization is preferable to civil suits by victims because civil
suits do not deter those who upload or disclose new images after a civil
suit has ended. Furthermore, a lengthy trial is emotionally exhausting
and prohibitively expensive. Moreover, the websites that distribute
nonconsensual pornography are given broad immunity for civil liability
under federal law through the Communications Decency Act. Therefore,
criminalizing dissemination and publication of these photos may prevent
websites from benefiting from the harmful images.
However, because New York relies on common law to pursue a civil case,
including the torts of harassment and intentional infliction of
emotional distress, a civil suit is often difficult to pursue and win.
As such, this legislation adds a private right of action for unlawful
dissemination and publication images that would provide recourse to
victims. The private right of action is designed to work in conjunction
with the criminal law, and does not require that a criminal conviction
or charge be obtained in order to proceed. The victim will have a choice
whether to pursue a criminal or civil case, or both.
PRIOR LEGISLATIVE HISTORY:
2018: S.9019-A/A.11188-A - Passed Assembly.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/22/2024
VIEW LESS ^
S1719 C ( AC T I V E ) - BILL TEXT 0 DOWNLOAD PDF (HTTPS://LEGISLATION.NYSENATE.GOV/PDF/BILLS/2019/S1719C)
S T A T E O F N E W Y O R K
________________________________________________________________________
1719--C
Cal. No. 61
2019-2020 Regular Sessions
I N S E N A T E
January 15, 2019
___________
Introduced by Sens. MARTINEZ, BOYLE, BIAGGI, GOUNARDES, HOYLMAN, KAMIN-
SKY, KRUEGER, THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
-- again amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the penal law, the criminal procedure law, the family
court act and the civil rights law, in relation to establishing the
crime of unlawful dissemination or publication of an intimate image
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 245.15 to
read as follows:
§ 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 IDENTIFI-
ABLE 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 SUBDI-
VISION 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024
[ ] is old law to be omitted.
NYSCEF DOC. NO. 8 LBD06276-12-9
RECEIVED NYSCEF: 04/22/2024
S. 1719--C 2
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 GENI-
TALS, 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.
§ 2. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by section 4 of part NN of chapter 55
of the laws of 2018, is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE
IMAGE, harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, strangulation in the first degree, strangulation
in the second degree, criminal obstruction of breathing or blood circu-
lation, assault in the second degree, assault in the third degree, an
attempted assault, identity theft in the first degree, identity theft in
the second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree, coercion in the
second degree or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60 of the penal law between
spouses or former spouses, or between parent and child or between
members of the same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then the family court shall have exclusive
jurisdiction over such proceeding. Notwithstanding a complainant's
election to proceed in family court, the criminal court shall not be
divested of jurisdiction to hear a family offense proceeding pursuant to
this section. For purposes of this section, "disorderly conduct"
includes disorderly conduct not in a public place. For purposes of this
section, "members of the same family or household" with respect to a
proceeding in the criminal courts shall mean the following:
S. 1719--C 3
§ 3. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by section 5 of part NN of chapter 55 of
the laws of 2018, is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE
IMAGE, harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, criminal obstruction of breathing or blood circu-
lation, strangulation in the second degree, strangulation in the first
degree, assault in the second degree, assault in the third degree, an
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attempted assault, identity theft in the first degree, identity theft in
NYSCEF DOC. NO. 8
the second degree, identity theft in the third degree, grand larceny in
RECEIVED NYSCEF: 04/22/2024
the fourth degree, grand larceny in the third degree, coercion in the
second degree or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60 of the penal law between
spouses or former spouses, or between parent and child or between
members of the same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then the family court shall have exclusive
jurisdiction over such proceeding. Notwithstanding a complainant's
election to proceed in family court, the criminal court shall not be
divested of jurisdiction to hear a family offense proceeding pursuant to
this section. In any proceeding pursuant to this article, a court shall
not deny an order of protection, or dismiss a petition, solely on the
basis that the acts or events alleged are not relatively contemporaneous
with the date of the petition, the conclusion of the fact-finding or the
conclusion of the dispositional hearing. For purposes of this article,
"disorderly conduct" includes disorderly conduct not in a public place.
For purposes of this article, "members of the same family or household"
shall mean the following:
§ 4. The civil rights law is amended by adding a new section 52-b to
read as follows:
§ 52-B. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICA-
TION 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 INDI-
VIDUAL 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 SUBDIVI-
SION 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.
2. IN ANY ACTION COMMENCED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THE FINDER OF FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE
RELIEF, PUNITIVE DAMAGES, COMPENSATORY DAMAGES AND REASONABLE COURT
COSTS AND ATTORNEY'S FEES.
S. 1719--C 4
3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
A. THE REPORTING OF UNLAWFUL CONDUCT;
B. DISSEMINATION OR PUBLICATION OF AN INTIMATE STILL OR VIDEO 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 STILL OR VIDEO IMAGE
MADE FOR A LEGITIMATE PUBLIC PURPOSE.
4. ANY PERSON DEPICTED IN A STILL OR VIDEO IMAGE THAT DEPICTS AN
UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH PERSON, OR SUCH PERSON ENGAG-
ING IN SEXUAL CONDUCT AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF
THE PENAL LAW WITH ANOTHER PERSON, WHICH IS DISSEMINATED OR PUBLISHED
WITHOUT THE CONSENT OF SUCH PERSON AND WHERE SUCH PERSON HAD A REASON-
ABLE EXPECTATION THAT THE IMAGE WOULD REMAIN PRIVATE, MAY MAINTAIN AN
ACTION OR SPECIAL PROCEEDING FOR A COURT ORDER TO REQUIRE ANY WEBSITE
THAT IS SUBJECT TO PERSONAL JURISDICTION UNDER SUBDIVISION FIVE OF THIS
SECTION TO PERMANENTLY REMOVE SUCH STILL OR VIDEO IMAGE; ANY SUCH COURT
ORDER GRANTED PURSUANT TO THIS SUBDIVISION MAY DIRECT REMOVAL ONLY AS TO
IMAGES THAT ARE REASONABLY WITHIN SUCH WEBSITE'S CONTROL.
5. A. ANY WEBSITE THAT HOSTS OR TRANSMITS A STILL OR VIDEO IMAGE,
VIEWABLE IN THIS STATE, TAKEN UNDER CIRCUMSTANCES WHERE THE PERSON
DEPICTED HAD A REASONABLE EXPECTATION THAT THE IMAGE WOULD REMAIN
PRIVATE, WHICH DEPICTS:
(I) AN UNCLOTHED OR EXPOSED INTIMATE PART, AS DEFINED IN SECTION
245.15 OF THE PENAL LAW, OF A RESIDENT OF THIS STATE; OR
(II) A RESIDENT OF THIS STATE ENGAGING IN SEXUAL CONDUCT AS DEFINED IN
SUBDIVISION TEN OF SECTION 130.00 OF THE PENAL LAW WITH ANOTHER PERSON;
AND
B. SUCH STILL OR VIDEO IMAGE IS HOSTED OR TRANSMITTED WITHOUT THE
CONSENT OF SUCH RESIDENT OF THIS STATE, SHALL BE SUBJECT TO PERSONAL
JURISDICTION IN A CIVIL ACTION IN THIS STATE TO THE MAXIMUM EXTENT
PERMITTED UNDER THE UNITED STATES CONSTITUTION AND FEDERAL LAW.
6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
COMMENCED THE LATER OF EITHER:
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A. THREE YEARS AFTER THE DISSEMINATION OR PUBLICATION OF AN IMAGE; OR
NYSCEF DOC. NO. 8
B. ONE YEAR FROM THE DATE A PERSON DISCOVERS, OR REASONABLY SHOULD
RECEIVED NYSCEF: 04/22/2024
HAVE DISCOVERED, THE DISSEMINATION OR PUBLICATION OF SUCH IMAGE.
7. NOTHING HEREIN SHALL BE READ TO REQUIRE A PRIOR CRIMINAL COMPLAINT,
PROSECUTION OR CONVICTION TO ESTABLISH THE ELEMENTS OF THE CAUSE OF
ACTION PROVIDED FOR BY THIS SECTION.
8. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT
SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
9. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON
OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
10. 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.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.
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FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/22/2024 Senate Bill S1719C SIGN E D BY GOVERNOR 2019-2020 Legislative Session Establishes the crime of unlawful dissemination or publication of an intimate image 0 DOWNLOAD BILL TEXT PDF (HTTPS://LEGISLATION.NYSENATE.GOV/PDF/BILLS/2019/S1719C) SHARE T H I S B I L L ! # N SPONS O R E D BY Monica R. Martinez (/Senators/Monica-R- Martinez) (D) 0 SENATE DISTRICT ARCHI V E : L AST B ILL STATUS VIA A 5 9 8 1 - S I G NED BY GOVERNO R YOUR VO I C E DO YO U S U P P O RT THIS BILL? / AY E x N AY BETA ⓘ (/citizen-guide/bill-alerts) GET STATUS ALERTS FOR S1719C EMAIL ADDRESS FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 NYSCEF DOC. NO. 8 o SUBSCRIBE RECEIVED NYSCEF: 04/22/2024 ACTIO N S H I D E ACTIONS ( 1 5 ) ^ Assembly Actions - Lowercase Senate Actions - UPPERCASE Jul 23, 2019 Signed Chap.109 Jul 22, 2019 Delivered To Governor Feb 28, 2019 RETURNED TO ASSEMBLY PASSED SENATE 3RD READING CAL.61 SUBSTITUTED FOR S1719C Feb 28, 2019 SUBSTITUTED BY A5981 Feb 26, 2019 AMENDED ON THIRD READING 1719C Feb 05, 2019 AMENDED ON THIRD READING 1719B Feb 04, 2019 ADVANCED TO THIRD READING Jan 29, 2019 2ND REPORT CAL. Jan 28, 2019 1ST REPORT CAL.61 Jan 24, 2019 PRINT NUMBER 1719A Jan 24, 2019 AMEND AND RECOMMIT TO CODES Jan 15, 2019 REFERRED TO CODES VOTES V I E W VOTES e FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 BILL DOC. NYSCEF A M E NNO. DME8 N TS RECEIVED NYSCEF: 04/22/2024 C (ACTIVE) e CO-SP O N S O R S Alessandra Biaggi (/Senators/Alessandra- Phil Boyle (/Senators/Phil-Boyle) (R) 4TH SENATE DISTRICT Biaggi) (D, WF) 34TH SENATE DISTRICT Neil D. Breslin (/Senators/Neil-D- Rich Funke (/Senators/Rich- Breslin) Funke) (D, IP, WF) 44TH SENATE DISTRICT (R, C, IP) 0 SENATE DISTRICT V I E W ADDITIONA L C O - S P O N S O R S e S1719 C ( ACTI V E ) - D ETA I L S See Assembly Version of this Bill: A5981 (/Legislation/Bills/2019/A5981) Law Section: Penal Law Laws Affected: Add §245.15, Pen L; amd §530.11, CP L; amd §812, Fam Ct Act; add §52-b, Civ Rts L S1719 C ( ACTI V E ) - S UMM A RY Establishes the crime of unlawful dissemination or publication of an intimate image and creates a private right of action for such crime. S1719 C ( AC T I V E ) - SPONSOR MEMO FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 NYSCEF DOC. NO. 8 BILL NUMBER: S1719C RECEIVED NYSCEF: 04/22/2024 SPONSOR: MARTINEZ TITLE OF BILL: An act to amend the penal law, the criminal procedure law, the family court act and the civil rights law, in relation to establishing the crime of unlawful dissemination or publication of an intimate image PURPOSE OR GENERAL IDEA OF BILL: Establishes the crime of unlawful dissemination or publication of an intimate image SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section, 245.15 to the Penal Law, which provides that a person is guilty of unlawful dissemination or publication of an intimate image when with intent to cause harm to the emotional, finan- cial or physical welfare of another person, he or she intentionally disseminates or publishes a still or video image of such other person, FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 who is identifiable from the still or video image itself or from infor- NYSCEF DOC. NO. 8 mation displayed in connection with the still or video image, without RECEIVED NYSCEF: 04/22/2024 such person's consent. Additionally, the dissemination must depict an unclothed or exposed intimate part of such other person; or such other person engaging in sexual conduct with another person; and such still or video image was taken under circumstances when the person depicted had a reasonable expectation for the image to remain private, regardless of whether the actor was present when the still or video image was taken. Unlawful dissemination or publication of an intimate image is a class A misdemeanor. Section 2 provides definitions of "intimate part," "disseminate," and "publish." Section 3 provides exceptions for the reporting of unlawful conduct, dissemination or publication of an intimate image made during lawful and common practices of law enforcement, legal proceedings or medical treat- ment, images involving voluntary exposure in a public or commercial setting, or dissemination or publication for a legitimate public purpose. Section 4 provides that nothing in this section shall be construed to limit or enlarge protections that 47 U.S.C. § 230 confers on an interac- tive computer service Subdivision 1 of Section 530.11 of the Criminal Procedure Law and Subdi- vision 1 of Section 812 of the Family Court Act are amended to provide concurrent jurisdiction to the family court and criminal courts over any proceeding concerning acts of unlawful dissemination or publication of an intimate image. Section 52-B is also added to the Civil Rights Law to allow for a private right of action for the unlawful dissemination or publication of an intimate image. Section 1 - Regardless of whether or not the original still or video image was consensually obtained, a person depicted 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 was taken when such person had a reasonable expectation of privacy, and it depicts an unclothed or exposed intimate part of such person, or such person engaging in sexual conduct with another person, and it was disseminated or published, or threatened to disseminated or publish, without the consent of such person. any website or internet service provider that hosts or transmits a still or video image, viewable in this state, taken under circumstances where the person depicted had a reasonable expectation of privacy, which depicts an unclothed or exposed intimate part of a resident of this state, or a resident of this state engaging in sexual conduct with another person and which reveals an unclothed or exposed intimate part, and such still or video image is hosted or transmitted without the consent of such resident of this state, shall be subject to personal jurisdiction in a civil action in this state to the maximum extent permitted. Section 2 - In any action commenced, the finder of fact may award injunctive relief, exemplary damages, compensatory damages and reason- able court costs and attorney's fees. Section 3 provides exceptions for the reporting of unlawful conduct, dissemination or publication of an intimate image made during lawful and common practices of law enforcement, legal proceedings or medical treat- ment, images involving voluntary exposure in a public or commercial setting, or dissemination or publication for a legitimate public purpose Section 4 provides for an action or special proceeding for a court order to require any website to permanently remove such still or video image. Section 5 - Any website that hosts or transmits a still or video image, taken under circumstances where the person depicted had a reasonable expectation of privacy, which depicts an unclothed or exposed intimate part, or a resident of New York engaging in sexual conduct, and such still or video image is hosted or transmitted without the consent of FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 such resident, shall be subject to personal jurisdiction in a civil NYSCEF DOC. NO. 8 action to the maximum extent permitted. RECEIVED NYSCEF: 04/22/2024 Section 6 - A cause of action or special proceeding shall be commenced the later of either three years after the dissemination or publication of an image, or one year from the date a person discovers the dissem- ination or publication of such image. Section 7 - Nothing herein shall be read to require a prior criminal complaint, prosecution or conviction to establish the elements of the cause of action provided for by this section. Section 8 - The provisions of this section are in addition to, but shall not supersede, any other rights or remedies available in law or equity. Section 9 - If any provision of this section is held invalid, the inva- lidity shall not affect other provisions of this section. Section 10 - Provides that nothing in this section shall be construed to limit or enlarge protections that 47 U.S.C. § 230 confers on an interac- tive computer service JUSTIFICATION: In an era of increased text messaging, social networking, and emailing, people in intimate relationships sometimes share pictures with each other, some of which may be sexually explicit in nature. However, recip- ients of these images do not always keep the images within the confines of an intimate relationship, and have the ability to widely disseminate the photos on the Internet. The unlawful dissemination and publication of such intimate images, also known as "revenge porn" is often provided to Internet websites, and features photos sometimes accompanied by disparaging descriptions and identifying details, such as where the victims live and work, as well as links to their social network pages. Posting these photographs online is damaging to the reputations of the victims. These photographs have extensive negative effects, including destroying future intimate relationships and educational and employment opportunities. Victims are routinely threatened with sexual assault, stalked, harassed, or fired from jobs. Criminalization is preferable to civil suits by victims because civil suits do not deter those who upload or disclose new images after a civil suit has ended. Furthermore, a lengthy trial is emotionally exhausting and prohibitively expensive. Moreover, the websites that distribute nonconsensual pornography are given broad immunity for civil liability under federal law through the Communications Decency Act. Therefore, criminalizing dissemination and publication of these photos may prevent websites from benefiting from the harmful images. However, because New York relies on common law to pursue a civil case, including the torts of harassment and intentional infliction of emotional distress, a civil suit is often difficult to pursue and win. As such, this legislation adds a private right of action for unlawful dissemination and publication images that would provide recourse to victims. The private right of action is designed to work in conjunction with the criminal law, and does not require that a criminal conviction or charge be obtained in order to proceed. The victim will have a choice whether to pursue a criminal or civil case, or both. PRIOR LEGISLATIVE HISTORY: 2018: S.9019-A/A.11188-A - Passed Assembly. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law. FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/22/2024 VIEW LESS ^ S1719 C ( AC T I V E ) - BILL TEXT 0 DOWNLOAD PDF (HTTPS://LEGISLATION.NYSENATE.GOV/PDF/BILLS/2019/S1719C) S T A T E O F N E W Y O R K ________________________________________________________________________ 1719--C Cal. No. 61 2019-2020 Regular Sessions I N S E N A T E January 15, 2019 ___________ Introduced by Sens. MARTINEZ, BOYLE, BIAGGI, GOUNARDES, HOYLMAN, KAMIN- SKY, KRUEGER, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, the criminal procedure law, the family court act and the civil rights law, in relation to establishing the crime of unlawful dissemination or publication of an intimate image THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 245.15 to read as follows: § 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 IDENTIFI- ABLE 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 SUBDI- VISION 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 [ ] is old law to be omitted. NYSCEF DOC. NO. 8 LBD06276-12-9 RECEIVED NYSCEF: 04/22/2024 S. 1719--C 2 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 GENI- TALS, 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. § 2. The opening paragraph of subdivision 1 of section 530.11 of the criminal procedure law, as amended by section 4 of part NN of chapter 55 of the laws of 2018, is amended to read as follows: The family court and the criminal courts shall have concurrent juris- diction over any proceeding concerning acts which would constitute disorderly conduct, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalk- ing in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, strangulation in the first degree, strangulation in the second degree, criminal obstruction of breathing or blood circu- lation, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivi- sions one, two and three of section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. Notwithstanding a complainant's election to proceed in family court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. For purposes of this section, "disorderly conduct" includes disorderly conduct not in a public place. For purposes of this section, "members of the same family or household" with respect to a proceeding in the criminal courts shall mean the following: S. 1719--C 3 § 3. The opening paragraph of subdivision 1 of section 812 of the family court act, as amended by section 5 of part NN of chapter 55 of the laws of 2018, is amended to read as follows: The family court and the criminal courts shall have concurrent juris- diction over any proceeding concerning acts which would constitute disorderly conduct, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalk- ing in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, criminal obstruction of breathing or blood circu- lation, strangulation in the second degree, strangulation in the first degree, assault in the second degree, assault in the third degree, an FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 attempted assault, identity theft in the first degree, identity theft in NYSCEF DOC. NO. 8 the second degree, identity theft in the third degree, grand larceny in RECEIVED NYSCEF: 04/22/2024 the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivi- sions one, two and three of section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. Notwithstanding a complainant's election to proceed in family court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. In any proceeding pursuant to this article, a court shall not deny an order of protection, or dismiss a petition, solely on the basis that the acts or events alleged are not relatively contemporaneous with the date of the petition, the conclusion of the fact-finding or the conclusion of the dispositional hearing. For purposes of this article, "disorderly conduct" includes disorderly conduct not in a public place. For purposes of this article, "members of the same family or household" shall mean the following: § 4. The civil rights law is amended by adding a new section 52-b to read as follows: § 52-B. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICA- TION 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 INDI- VIDUAL 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 SUBDIVI- SION 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. 2. IN ANY ACTION COMMENCED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE FINDER OF FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE RELIEF, PUNITIVE DAMAGES, COMPENSATORY DAMAGES AND REASONABLE COURT COSTS AND ATTORNEY'S FEES. S. 1719--C 4 3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING: A. THE REPORTING OF UNLAWFUL CONDUCT; B. DISSEMINATION OR PUBLICATION OF AN INTIMATE STILL OR VIDEO 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 STILL OR VIDEO IMAGE MADE FOR A LEGITIMATE PUBLIC PURPOSE. 4. ANY PERSON DEPICTED IN A STILL OR VIDEO IMAGE THAT DEPICTS AN UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH PERSON, OR SUCH PERSON ENGAG- ING IN SEXUAL CONDUCT AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THE PENAL LAW WITH ANOTHER PERSON, WHICH IS DISSEMINATED OR PUBLISHED WITHOUT THE CONSENT OF SUCH PERSON AND WHERE SUCH PERSON HAD A REASON- ABLE EXPECTATION THAT THE IMAGE WOULD REMAIN PRIVATE, MAY MAINTAIN AN ACTION OR SPECIAL PROCEEDING FOR A COURT ORDER TO REQUIRE ANY WEBSITE THAT IS SUBJECT TO PERSONAL JURISDICTION UNDER SUBDIVISION FIVE OF THIS SECTION TO PERMANENTLY REMOVE SUCH STILL OR VIDEO IMAGE; ANY SUCH COURT ORDER GRANTED PURSUANT TO THIS SUBDIVISION MAY DIRECT REMOVAL ONLY AS TO IMAGES THAT ARE REASONABLY WITHIN SUCH WEBSITE'S CONTROL. 5. A. ANY WEBSITE THAT HOSTS OR TRANSMITS A STILL OR VIDEO IMAGE, VIEWABLE IN THIS STATE, TAKEN UNDER CIRCUMSTANCES WHERE THE PERSON DEPICTED HAD A REASONABLE EXPECTATION THAT THE IMAGE WOULD REMAIN PRIVATE, WHICH DEPICTS: (I) AN UNCLOTHED OR EXPOSED INTIMATE PART, AS DEFINED IN SECTION 245.15 OF THE PENAL LAW, OF A RESIDENT OF THIS STATE; OR (II) A RESIDENT OF THIS STATE ENGAGING IN SEXUAL CONDUCT AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THE PENAL LAW WITH ANOTHER PERSON; AND B. SUCH STILL OR VIDEO IMAGE IS HOSTED OR TRANSMITTED WITHOUT THE CONSENT OF SUCH RESIDENT OF THIS STATE, SHALL BE SUBJECT TO PERSONAL JURISDICTION IN A CIVIL ACTION IN THIS STATE TO THE MAXIMUM EXTENT PERMITTED UNDER THE UNITED STATES CONSTITUTION AND FEDERAL LAW. 6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE COMMENCED THE LATER OF EITHER: FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 A. THREE YEARS AFTER THE DISSEMINATION OR PUBLICATION OF AN IMAGE; OR NYSCEF DOC. NO. 8 B. ONE YEAR FROM THE DATE A PERSON DISCOVERS, OR REASONABLY SHOULD RECEIVED NYSCEF: 04/22/2024 HAVE DISCOVERED, THE DISSEMINATION OR PUBLICATION OF SUCH IMAGE. 7. NOTHING HEREIN SHALL BE READ TO REQUIRE A PRIOR CRIMINAL COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE ELEMENTS OF THE CAUSE OF ACTION PROVIDED FOR BY THIS SECTION. 8. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY. 9. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS SECTION ARE SEVERABLE. 10. 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. § 5. This act shall take effect on the sixtieth day after it shall have become a law. VIEW LESS ^ COMM E N TS Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13. FILED: QUEENS COUNTY CLERK 04/22/2024 02:29 PM INDEX NO. 708619/2024 NYSCEF DOC. 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