STATE OF NEW YORK
________________________________________________________________________
1042--A
Cal. No. 741
2023-2024 Regular Sessions
IN SENATE
January 9, 2023
___________
Introduced by Sens. HINCHEY, COMRIE, SKOUFIS -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes --
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
AN ACT to amend the penal law, in relation to unlawful dissemination or
publication of intimate images created by digitization and of sexually
explicit depictions of an individual; and to repeal certain provisions
of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 245.15 of the penal law, as
2 added by chapter 109 of the laws of 2019, are amended to read as
3 follows:
4 1. A person is guilty of unlawful dissemination or publication of an
5 intimate image when:
6 (a) with intent to cause harm to the emotional, financial or physical
7 welfare of another person, [he or she] they intentionally [disseminates]
8 disseminate or [publishes] publish a still or video image [of] depicting
9 such other person[, who is identifiable] with one or more intimate parts
10 exposed or engaging in sexual conduct with another person, including an
11 image created or altered by digitization, where such person may reason-
12 ably be identified from the still or video image itself or from informa-
13 tion displayed in connection with the still or video image[, without
14 such other person's consent, which depicts:
15 (i) an unclothed or exposed intimate part of such other person; or
16 (ii) such other person engaging in sexual conduct as defined in subdi-
17 vision ten of section 130.00 of this chapter with another person]; and
18 (b) [such still or video image was [taken under circumstances] the
19 actor knew or reasonably should have known that the person depicted did
20 not consent to such dissemination or publication, including the dissem-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03895-02-3
S. 1042--A 2
1 ination or publication of an image taken with the consent of the person
2 depicted when [the] such person [depicted] had a reasonable expectation
3 that the image would remain private [and the actor knew or reasonably
4 should have known the person depicted intended for the still or video
5 image to remain private], regardless of whether the actor was present
6 when [the still or video] such image was taken.
7 2. For purposes of this section the following terms shall have the
8 following meanings:
9 (a) "intimate part" means the naked genitals, pubic area, anus or
10 female nipple of the person[.];
11 (b) "disseminate" and "publish" shall have the same meaning as
12 defined in section 250.40 of this title;
13 (c) "sexual conduct" shall have the same meaning as defined in subdi-
14 vision ten of section 130.00 of this chapter; and
15 (d) "digitization" shall mean to alter an image in a realistic manner
16 utilizing an image or images of a person, other than the person
17 depicted, or computer generated images.
18 § 2. Subdivision 2-a of section 245.15 of the penal law is REPEALED.
19 § 3. This act shall take effect on the sixtieth day after it shall
20 have become a law.
