Prohibits accessing or distributing certain sexually explicit depictions of children; prohibits consent to such depictions by anyone under eighteen years of age; makes such crimes eligible for bail; includes certain crimes as sex offenses.
STATE OF NEW YORK
________________________________________________________________________
8449
2025-2026 Regular Sessions
IN ASSEMBLY
May 16, 2025
___________
Introduced by M. of A. LEVENBERG, BRONSON, CONRAD, GLICK, BUTTENSCHON,
HYNDMAN, ZACCARO, DAVILA, BERGER, STIRPE -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law and the
correction law, in relation to establishing offenses involving sexual-
ly explicit digital alterations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "digital alterations protections act".
3 § 2. The penal law is amended by adding a new article 246 to read as
4 follows:
5 ARTICLE 246
6 OFFENSES INVOLVING SEXUALLY EXPLICIT DIGITAL ALTERATIONS
7 Section 246.00 Definitions.
8 246.05 Unlawful access of a sexually explicit depiction of a
9 child.
10 246.10 Unlawful distribution of a sexually explicit depiction of
11 a child in the second degree.
12 246.15 Unlawful distribution of a sexually explicit depiction of
13 a child in the first degree.
14 246.20 Disclaimers.
15 246.25 Consent.
16 246.30 Application of article.
17 § 246.00 Definitions.
18 As used in this article, the following definitions shall apply:
19 1. "Disseminate" and "publish" shall have the same meanings as such
20 terms are defined in section 250.40 of this title.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06263-01-5
A. 8449 2
1 2. "Create" means to design, develop, devise, generate, issue, make,
2 manufacture, produce, or transmute.
3 3. "Sexually explicit depiction" means any work created through sexu-
4 ally explicit digitization, including still and audio visual depictions.
5 4. "Sexually explicit digitization" means a realistic depiction of
6 either: (a) the nude body parts of another human being as the nude body
7 parts of the depicted individual or computer-generated nude body parts
8 as the nude body parts of the depicted individual; or (b) the depicted
9 individual engaging in sexual conduct, as defined by subdivision three
10 of section 263.00 of this part, or sexual contact, as defined by subdi-
11 vision three of section 130.00 of this part, in which the depicted indi-
12 vidual did not engage.
13 5. "Audio visual" means any film, motion picture, audio and/or visual
14 recording, digital image, computer image or computer-generated image.
15 6. "Sexually explicit material" means any portion of a sexually
16 explicit depiction that shows the depicted individual performing, or
17 appearing to perform, in the nude, meaning with an unclothed or exposed
18 intimate part, as defined in section 245.15 of this title, or performing
19 in, appearing to perform in, or being subjected to, sexual conduct, as
20 defined by subdivision three of section 263.00 of this part, or sexual
21 contact, as defined by subdivision three of section 130.00 of this part.
22 7. "Depicted individual" means an identifiable person who appears, as
23 a result of sexually explicit digitization, to be engaging in conduct in
24 which the identifiable person did not actually engage in or that was
25 actually engaged in by the identifiable person but the depiction of the
26 actual conduct was subsequently altered to be in violation of this arti-
27 cle.
28 8. "Identifiable person" means an individual whose image is or would
29 be reasonably identifiable as a specific person. Such identification
30 can be based upon the sexually explicit depiction itself or from infor-
31 mation displayed in connection with any sexually explicit depiction.
32 9. "Individual" means a natural, human being.
33 § 246.05 Unlawful access of a sexually explicit depiction of a child.
34 A person is guilty of unlawful access of a sexually explicit depiction
35 of a child when the person, knowing the character and content thereof,
36 knowingly accesses any sexually explicit material of a depicted individ-
37 ual with the intent to view and sexually gratify any person and such
38 person knows or reasonably should have known that the depicted individ-
39 ual is less than seventeen years of age.
40 Unlawful access of a sexually explicit depiction of a child is a class
41 A misdemeanor.
42 § 246.10 Unlawful distribution of a sexually explicit depiction of a
43 child in the second degree.
44 A person is guilty of unlawful distribution of a sexually explicit
45 depiction of a child in the second degree when the person, knowing the
46 character and content thereof, disseminates or publishes sexually
47 explicit material that includes a depicted individual, and such person
48 knows or reasonably should have known that the depicted individual is
49 less than seventeen years of age.
50 Unlawful distribution of a sexually explicit depiction of a child in
51 the second degree is a class E felony.
52 § 246.15 Unlawful distribution of a sexually explicit depiction of a
53 child in the first degree.
54 A person is guilty of unlawful distribution of a sexually explicit
55 depiction of a child in the first degree when the person, knowing the
56 character and content thereof, creates and either disseminates or
A. 8449 3
1 publishes sexually explicit material that includes a depicted individual
2 and such depicted individual is less than seventeen years of age.
3 Unlawful distribution of a sexually explicit depiction of a child in
4 the first degree is a class D felony.
5 § 246.20 Disclaimers.
6 It shall not be a defense under this article that:
7 1. there is a disclaimer included in the sexually explicit depiction
8 that communicates that the inclusion of the depicted individual was
9 unauthorized, that the depicted individual did not participate in the
10 creation or development of the sexually explicit depiction, or that the
11 sexually explicit depiction has been altered through digitization; or
12 2. the features of the depicted individual have been or were altered
13 prior to or after the creation or distribution of the sexually explicit
14 material, provided that the depicted individual remains an identifiable
15 person.
16 § 246.25 Consent.
17 A person under eighteen years of age shall be incapable of consent.
18 No adult can consent on behalf of a person under eighteen years of age.
19 § 246.30 Application of article.
20 1. This article shall not apply to the following:
21 (a) the reporting of unlawful conduct;
22 (b) the creation, dissemination, or publication of a sexually explicit
23 depiction of a depicted individual made for law enforcement purposes,
24 legal proceedings, or lawful medical treatments; or
25 (c) the creation, dissemination, or publication of a sexually explicit
26 depiction made for a legitimate public purpose, including for political
27 or newsworthy value or similar work, commentary, criticism, or disclo-
28 sure that is otherwise protected by the constitution of this state or of
29 the United States, provided that sexually explicit material shall not be
30 considered of newsworthy value solely because the depicted individual is
31 a public figure.
32 2. Nothing in this article shall be construed to limit, or to enlarge,
33 the protections that 47 U.S.C. § 230 confers on an interactive computer
34 service for content provided by another information content provider, as
35 such terms are defined in 47 U.S.C. § 230.
36 § 3. Paragraph (a) of subdivision 1 of section 245.15 of the penal
37 law, as amended by chapter 513 of the laws of 2023, is amended to read
38 as follows:
39 (a) with intent to sexually gratify that person or another person or
40 with the intent to cause harm to the reputation or emotional, financial
41 or physical welfare of another person, they intentionally disseminate or
42 publish a still or video image depicting such other person with one or
43 more intimate parts exposed or engaging in sexual conduct with another
44 person, including an image created or altered by digitization, where
45 such person may reasonably be identified from the still or video image
46 itself or from information displayed in connection with the still or
47 video image; and
48 § 4. Paragraph (b) of subdivision 1 of section 245.15 of the penal
49 law, as amended by chapter 513 of the laws of 2023, is amended to read
50 as follows:
51 (b) the actor knew or reasonably should have known that the person
52 depicted did not consent to such creation, dissemination, or publica-
53 tion, including the creation, dissemination, or publication of an image
54 taken with the consent of the person depicted when such person had a
55 reasonable expectation that the image would remain private, regardless
56 of whether the actor was present when such image was taken.
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1 § 5. Subdivision 2 of section 30.10 of the criminal procedure law is
2 amended by adding a new paragraph (a-3) to read as follows:
3 (a-3) A prosecution for unlawful distribution of a sexually explicit
4 depiction of a child must be commenced within five years after the peri-
5 od set forth in paragraph (f) of subdivision three of this section;
6 § 6. Paragraph (f) of subdivision 3 of section 30.10 of the criminal
7 procedure law, as amended by chapter 11 of the laws of 2019, is amended
8 to read as follows:
9 (f) For purposes of a prosecution involving a sexual offense as
10 defined in article one hundred thirty of the penal law, other than a
11 sexual offense delineated in paragraph (a) of subdivision two of this
12 section, committed against a child less than eighteen years of age,
13 incest in the first, second or third degree as defined in sections
14 255.27, 255.26 and 255.25 of the penal law committed against a child
15 less than eighteen years of age, [or] use of a child in a sexual
16 performance as defined in section 263.05 of the penal law, or unlawful
17 distribution of a sexually explicit depiction of a child in the first
18 degree or second degree as defined in sections 246.10 and 246.15 of the
19 penal law, the period of limitation shall not begin to run until the
20 child has reached the age of twenty-three or the offense is reported to
21 a law enforcement agency or statewide central register of child abuse
22 and maltreatment, whichever occurs earlier.
23 § 7. Paragraph (e) of subdivision 4 of section 510.10 of the criminal
24 procedure law, as amended by section 2 of part UU of chapter 56 of the
25 laws of 2020, is amended to read as follows:
26 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
27 the penal law, or a felony sex offense defined in section 70.80 of the
28 penal law, or a crime involving incest as defined in section 255.25,
29 255.26 or 255.27 of such law, or a misdemeanor defined in article one
30 hundred thirty of such law, or a felony defined in article two hundred
31 forty-six of such law;
32 § 8. Subparagraph (v) of paragraph (b) of subdivision 1 of section
33 530.20 of the criminal procedure law, as amended by section 3 of part UU
34 of chapter 56 of the laws of 2020, is amended to read as follows:
35 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
36 the penal law, or a felony sex offense defined in section 70.80 of the
37 penal law or a crime involving incest as defined in section 255.25,
38 255.26 or 255.27 of such law, or a misdemeanor defined in article one
39 hundred thirty of such law, or a felony defined in article two hundred
40 forty-six of such law;
41 § 9. Paragraph (m) of subdivision 4 of section 530.40 of the criminal
42 procedure law, as added by section 4 of part UU of chapter 56 of the
43 laws of 2020, is amended to read as follows:
44 (m) assault in the third degree as defined in section 120.00 of the
45 penal law or arson in the third degree as defined in section 150.10 of
46 the penal law, when such crime is charged as a hate crime as defined in
47 section 485.05 of the penal law, or a felony defined in article two
48 hundred forty-six of the penal law;
49 § 10. Subparagraph (i) of paragraph (a) of subdivision 2 of section
50 168-a of the correction law, as amended by chapter 23 of the laws of
51 2024, is amended to read as follows:
52 (i) a conviction of or a conviction for an attempt to commit any of
53 the provisions of sections 120.70, 130.20, 130.25, 130.30, former
54 section 130.40, former section 130.45, sections 130.60, 230.34,
55 230.34-a, 250.50, 255.25, 255.26 [and], 255.27, 246.10 and 246.15 or
56 article two hundred sixty-three of the penal law, or section 135.05,
A. 8449 5
1 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
2 provided the victim of such kidnapping or related offense is less than
3 seventeen years old and the offender is not the parent of the victim, or
4 section 230.04, where the person patronized is in fact less than seven-
5 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
6 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
7 law, or section 230.25 of the penal law where the person prostituted is
8 in fact less than seventeen years old, or
9 § 11. Severability. If any provision of this article, or any applica-
10 tion of any provision of this article, is held to be invalid, that shall
11 not affect the validity or effectiveness of any other provision of this
12 act, or of any other application of any provision of this act, which can
13 be given effect without that provision or application; and to that end,
14 the provisions and applications of this act are severable.
15 § 12. This act shall take effect immediately.
