Establishes the crimes of unlawful dissemination or publication of intimate images in the first, second, and third degree; defines terms and clarifies application of provisions relating to such crimes; extends the statute of limitations for such crimes; repeals provisions relating thereto.
STATE OF NEW YORK
________________________________________________________________________
7855
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing crimes for
the unlawful dissemination or publication of an intimate image; to
amend the criminal procedure law, in relation to the statute of limi-
tations for commencing cases related to the unlawful dissemination or
publication of an intimate image; and to repeal section 245.15 of the
penal law relating to the 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:
1 Section 1. Section 245.15 of the penal law is REPEALED and four new
2 sections 245.15, 245.16, 245.17 and 245.18 are added to read as follows:
3 § 245.15 Unlawful dissemination or publication of an intimate image;
4 definitions, application.
5 1. The following definitions shall apply to sections 245.16, 245.17,
6 and 245.18 of this article:
7 (a) "Intimate part" means the naked genitals, pubic area, anus or
8 female nipple of the person;
9 (b) "Disseminate" and "publish" shall have the same meaning as defined
10 in section 250.40 of this title;
11 (c) "Sexual conduct" shall have the same meaning as defined in subdi-
12 vision ten of section 130.00 of this part; and
13 (d) "Digitization" shall mean to alter an image in a realistic manner
14 utilizing an image or images of a person, other than the person
15 depicted, or computer-generated images.
16 2. The following provisions shall apply to sections 245.16, 245.17,
17 and 245.18 of this article:
18 (a) The provisions of sections 245.16, 245.17, and 245.18 shall not
19 apply to the following:
20 (i) the reporting of unlawful conduct;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11497-02-5
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1 (ii) the dissemination or publication of an intimate image made in the
2 course of official law enforcement duties, legal proceedings or criminal
3 prosecution, or medical treatment;
4 (iii) images involving voluntary exposure in a public setting; or
5 (iv) dissemination or publication of an intimate image made for a
6 legitimate public purpose.
7 (b) Nothing in section 245.16, 245.17, or 245.18 shall be construed to
8 limit, or to enlarge, the protections that 47 U.S.C § 230 confers on an
9 interactive computer service for content provided by another information
10 content provider, as such terms are defined in 47 U.S.C. § 230.
11 (c) Dissemination of multiple intimate images of the same individual
12 as part of a common act shall be considered a single offense.
13 (d) (i) A violation of section 245.16, 245.17, or 245.18 shall be
14 deemed to be committed within the state if any conduct that is an
15 element of the offense occurs within the state.
16 (ii) Prosecution for a violation of section 245.16, 245.17, or 245.18
17 may be had in any jurisdiction in which the offense was committed or a
18 victim resides.
19 § 245.16 Unlawful dissemination or publication of an intimate image in
20 the third degree.
21 A person is guilty of unlawful dissemination or publication of an
22 intimate image in the third degree when such person:
23 1. intentionally disseminates or publishes a still or video image
24 depicting another person with one or more intimate parts exposed or
25 engaging in sexual conduct with another person, including an image
26 created or altered by digitization, where such person depicted may
27 reasonably be identified from the still or video image itself or from
28 information displayed in connection with the still or video image; and
29 2. knew or reasonably should have known that the person depicted did
30 not consent to or license such dissemination or publication, including
31 the dissemination or publication of an image taken with the consent of
32 the person depicted when such person had a reasonable expectation that
33 the image would remain private, regardless of whether the actor was
34 present when such image was taken.
35 Unlawful dissemination or publication of an intimate image in the
36 third degree is a class A misdemeanor.
37 § 245.17 Unlawful dissemination or publication of an intimate image in
38 the second degree.
39 A person is guilty of unlawful dissemination or publication of an
40 intimate image in the second degree when such person commits the crime
41 of unlawful dissemination or publication of an intimate image in the
42 third degree and:
43 1. such person has previously been convicted of unlawful dissemination
44 or publication of an intimate image in the third degree; or
45 2. such person commits such crime with intent to cause harm to the
46 emotional, financial or physical welfare of the person depicted in the
47 intimate image or secures pecuniary gain from the unlawful dissemination
48 or publication of the intimate image.
49 Unlawful dissemination or publication of an intimate image in the
50 second degree is a class E felony.
51 § 245.18 Unlawful dissemination or publication of an intimate image in
52 the first degree.
53 A person is guilty of unlawful dissemination or publication of an
54 intimate image in the first degree when such person commits the crime of
55 unlawful dissemination or publication of an intimate image in the third
56 degree and:
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1 1. such person has previously been convicted of the crime of unlawful
2 dissemination or publication of an intimate image in the second degree
3 as defined in subdivision one of section 245.17 of this article; or
4 2. such person commits the crime of unlawful dissemination or publica-
5 tion of an intimate image in the second degree as defined in subdivision
6 two of section 245.17 of this article and the person against whom the
7 offense is committed is targeted due to such person's race, religious
8 conviction, gender, disability, gender identity, sexual orientation,
9 color, or ethnic or national origin.
10 Unlawful dissemination or publication of an intimate image in the
11 first degree is a class D felony.
12 § 2. Subdivision 3 of section 30.10 of the criminal procedure law is
13 amended by adding two new paragraphs (i) and (j) to read as follows:
14 (i) A prosecution for unlawful dissemination or publication of an
15 intimate image in the third degree as defined in section 245.16 of the
16 penal law must be commenced within five years of the commission of the
17 crime, or, in the exercise of reasonable diligence, within three years
18 after the aggrieved party should have discovered the unlawful dissem-
19 ination or publication of an intimate image, whichever is later.
20 (j) A prosecution for unlawful dissemination or publication of an
21 intimate image in the first or second degree as defined in sections
22 245.16 and 245.17 of the penal law must be commenced within seven years
23 of the commission of the crime, or, in the exercise of reasonable dili-
24 gence, within three years after the aggrieved party should have discov-
25 ered the unlawful dissemination or publication of an intimate image,
26 whichever is later.
27 § 3. This act shall take effect on the sixtieth day after it shall
28 have become a law.
