Add Art 44-C §§1430 - 1433, Gen Bus L; add §99-uu, St Fin L
Prohibits operators of a website, application, software, program, or service from allowing users to nudify a still or video image; prohibits advertising or promoting websites, applications, software, programs, or services that allow users to nudify a still or video image; provides an exception when technical skill is required to nudify an image; establishes penalties for violations of such provisions; establishes the nudification prohibition recoveries services fund to provide grants to support the direct needs of victims of sexual assault, domestic violence, and child abuse.
STATE OF NEW YORK
________________________________________________________________________
10676
IN SENATE
August 10, 2026
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to prohibiting
nudification technology; and to amend the state finance law, in
relation to establishing the nudification prohibition recoveries
services fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new article
2 44-C to read as follows:
3 ARTICLE 44-C
4 NUDIFICATION TECHNOLOGY
5 Section 1430. Definitions.
6 1431. Prohibition on nudification technology.
7 1432. Remedies.
8 1433. Scope.
9 § 1430. Definitions. For purposes of this article the following terms
10 shall have the following meanings:
11 1. "Identifiable individual" shall mean a person who may reasonably be
12 identified from a still or video image or from information displayed in
13 connection with a still or video image;
14 2. "Intimate part" shall have the same meaning as in paragraph (a) of
15 subdivision two of section 245.15 of the penal law;
16 3. "Nudify" or "nudified" means the process by which:
17 (a) a still or video image is generated or altered to depict an inti-
18 mate part not depicted in an original unaltered still or video image of
19 an identifiable individual; and
20 (b) such generated or altered still or video image is sufficiently
21 realistic that a reasonable person would believe the intimate part
22 belongs to the identifiable individual.
23 4. "Technical skill" means substantial application of individualized
24 technological or artistic skill and judgment by a human creator in
25 directing, shaping, or controlling an output.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16267-01-6
S. 10676 2
1 5. "Operator" means a person, business or other legal entity that
2 owns, controls, or operates a website, application, software, program,
3 or service that can nudify a still or video image.
4 6. "User" shall mean a user of a website, application, software,
5 program, or service that can nudify a still or video image not acting as
6 an operator, or agent or affiliate of such operator, of such website,
7 application, software, program or service or any portion thereof.
8 § 1431. Prohibition on nudification technology. 1. No operator shall:
9 (a) Allow a user to access, download, or use such operator's website,
10 application, software, program or service to nudify a still or video
11 image; or
12 (b) Nudify a still or video image on behalf of a user.
13 2. No person shall advertise or promote any website, application,
14 software, program, or service that performs the actions described in
15 subdivision one of this section.
16 3. The prohibitions of subdivisions one and two of this section shall
17 not apply when the website, application, software, program, or service
18 requires the technical skill of a user to nudify an image or video.
19 § 1432. Remedies. 1. An individual depicted in a still or video image
20 that has been nudified in violation of section fourteen hundred thirty-
21 one of this article may bring a civil action against the person or oper-
22 ator who violated such section for:
23 (a) compensatory damages, including mental anguish or suffering, in an
24 amount up to three times the actual damages sustained;
25 (b) punitive damages;
26 (c) injunctive relief;
27 (d) reasonable attorneys' fees, costs, and disbursements; and
28 (e) such other relief the court deems just and equitable.
29 2. In addition to any other remedies or penalties, a person or opera-
30 tor who violates section fourteen hundred thirty-one of this article
31 shall be subject to a civil penalty not to exceed five hundred thousand
32 dollars for each unlawful access, download, or use of still or video
33 images generated or altered in violation of section fourteen hundred
34 thirty-one of this article.
35 3. Whenever it appears to the attorney general, upon complaint or
36 otherwise, that any person has violated the provisions of this article,
37 the attorney general may bring an action or special proceeding in the
38 name and on behalf of the people of the state of New York to enjoin any
39 such violation, to obtain restitution of any moneys or property obtained
40 directly or indirectly by any such violation, to obtain disgorgement of
41 any profits or gains obtained directly or indirectly by any such
42 violation, to obtain damages caused directly or indirectly by any such
43 violation, to obtain civil penalties of up to five hundred thousand
44 dollars for each unlawful access, download, or use of still or video
45 images generated or altered in violation of section fourteen hundred
46 thirty-one of this article, and to obtain any such other and further
47 relief as the court may deem proper, including preliminary relief.
48 4. Any civil penalty recovered by the state pursuant to this article
49 shall be deposited into the nudification prohibition recoveries services
50 fund established pursuant to section 99-uu of the state finance law to
51 be used for the purposes therein.
52 § 1433. Scope. Nothing in this section shall be construed to limit, or
53 to enlarge, the protections that 47 U.S.C § 230 confers on an interac-
54 tive computer service for content provided by another information
55 content provider, as such terms are defined in 47 U.S.C. § 230.
S. 10676 3
1 § 2. The state finance law is amended by adding a new section 99-uu to
2 read as follows:
3 § 99-uu. Nudification prohibition recoveries services fund. 1. There
4 is hereby established in the joint custody of the state comptroller and
5 the commissioner of taxation and finance a fund to be known as the
6 "nudification prohibition recoveries services fund".
7 2. Moneys allocated to the nudification prohibition recoveries
8 services fund shall be kept separate and shall not be commingled with
9 any other funds in the custody of the state comptroller.
10 3. Such fund shall consist of all fines and civil penalties imposed
11 pursuant to section fourteen hundred thirty-two of the general business
12 law and all other moneys appropriated, credited, or transferred thereto
13 from any other fund or source pursuant to law. Nothing contained in this
14 section shall prevent the state from receiving grants, gifts or bequests
15 for the purposes of the fund as defined in this section and depositing
16 them into the fund according to law. Any interest received by the comp-
17 troller on moneys on deposit in such fund shall be retained in and
18 become part of such fund.
19 4. Moneys of the fund shall be expended only to provide grants to
20 support the direct needs of victims of sexual assault, domestic
21 violence, and child abuse. Such grants may provide:
22 (a) Direct assistance to victims of sexual assault, domestic violence,
23 or child abuse;
24 (b) Services including housing, mental and behavioral health support,
25 or other supportive services;
26 (c) Prevention and awareness programming; and
27 (d) Support for direct service workers assisting victims of sexual
28 assault, domestic violence, or child abuse.
29 5. Moneys shall be payable from the fund on the audit and warrant of
30 the state comptroller on vouchers approved and certified by the director
31 of the office of victim services, the executive director of the New York
32 state office for the prevention of domestic violence, or the commission-
33 er of criminal justice services.
34 § 3. This act shall take effect on the ninetieth day after it shall
35 have become a law.
