Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1093
SPONSOR: Paulin (MS) TITLE OF BILL:
An act to amend the penal law, in relation to the crime of public lewd-
ness
PURPOSE:
To add cyber flashing to the crime of public lewdness,
SUMMARY OF PROVISIONS:
Section 1 amends section 245.00 of the penal law by adding a new subdi-
vision 2 which adds the act of electronically transmitting an intimate
image in or around a public place without consent to the crime of public
lewdness.
Section 2 provides the effective date.
JUSTIFICATION:
Sexual harassment is proven to have negative effects on the physical,
mental, and emotional health of targeted individuals. The rise of modern
social media and image-sharing technology has opened the door for perpe-
trators of sexual harassment to use technology tb disseminate unwanted
and sexually explicit "intimate images." This practice is colloquially
known as "cyber flashing."
The advancement and wide adoption of Near Field Communications devices
and Bluetooth file sharing services such as Airdrop have made cyber
flashing far more prevalent. Accordingly, cyber flashing has frequently
been reported on mass transit and at large public events where it is
easy for senders to mask their identity. Additionally, perpetrators of
cyber flashing will often send intimate images without warning to or
consent from recipients over social media or dating apps such as Tinder
or Bumble. In April 2019, Wolfe Herd estimated that 78% of millennial
women have received an unwanted intimate image. In addition, according
to a recent survey by Bumble, nearly half of the app's users in the U.S.
have received unwanted lewd images.
Most people who have received explicit unsolicited messages feel
disgusted and unsafe. However, for some individuals with a history of
sexual trauma, these unsolicited sexual images may trigger emotional
distress. There is no rational reason that an individual should be shar-
ing intimate images without consent from the receiver.
States have begun to pass legislation creating a private cause of action
for cyber flashing, and some states have criminalized the practice. In
2019, Texas passed a law classifying cyber flashing as a class C misde-
meanor with a $500 fine if convicted. Virginia followed suit in 2022,
passing a law making it a civil infraction with penalties up to $500 for
sending lewd images to a nonconsenting person. Similarly, in January
2023, an act adding cyber flashing to the crime of indecent exposure
became law in New Hampshire. On January 1, 2023, California'.s FLASH Act
became law, creating a private right of action for recipients of
unwanted explicit images. Several other state legislators have drafted
bills to combat cyber flashing. New York should join with the states
above who have taken measures to protect citizens from cyber flashing.
The current law provides no recourse for individuals who are subjected
to others' intimate images without consent, and no penalty for those
sending intimate images to others without consent. Ultimately, this law
will dissuade those seeking to harass others with sexually explicit
photos and ensure accountability for those who send unsolicited intimate
images.
PRIOR LEGISLATIVE HISTORY:
A.319 of 2023 and 2024, referred to codes, Same as S4740 committed to
rules
A.318 of 2021 and 2022, referred to Codes. Same as S.6420, committed to
Rules.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Ninetieth day after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
1093
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. PAULIN, SEAWRIGHT, DINOWITZ, BRONSON, BUTTENS-
CHON, SIMON, ROZIC, WILLIAMS, ZINERMAN, WOERNER, JENSEN, GLICK,
GIGLIO, ANDERSON, JACKSON, STERN, SEPTIMO, SMITH, GONZALEZ-ROJAS,
STIRPE, GALLAGHER, KELLES, CLARK, CRUZ, ROSENTHAL, McMAHON -- Multi-
Sponsored by -- M. of A. HEVESI, STECK -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of public lewd-
ness
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 245.00 of the penal law, as amended by chapter 748
2 of the laws of 1968 and the opening paragraph as amended by chapter 373
3 of the laws of 2015, is amended to read as follows:
4 § 245.00 Public lewdness.
5 A person is guilty of public lewdness when [he or she] such person
6 intentionally [exposes]:
7 1. Expose the private or intimate parts of [his or her] such person's
8 body in a lewd manner or [commits] commit any other lewd act: (a) in a
9 public place, or (b) (i) in private premises under circumstances in
10 which [he or she] such person may readily be observed from either a
11 public place or from other private premises, and with intent that [he or
12 she] such person be so observed, or (ii) while trespassing, as defined
13 in section 140.05 of this part, in a dwelling, as defined in subdivision
14 three of section 140.00 of this part, under circumstances in which [he
15 or she] such person is observed by a lawful occupant[.]; or
16 2. Electronically transmit to one or more persons in or around a
17 public place an image depicting exposed private or intimate parts, with-
18 out the consent of such person or persons.
19 Public lewdness is a class B misdemeanor.
20 § 2. This act shall take effect on the ninetieth day after it shall
21 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00861-01-5
