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A06874 Summary:

BILL NOA06874
 
SAME ASSAME AS S04441
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Amd 245.15, Pen L; amd 52-b, Civ Rts L
 
Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image.
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A06874 Actions:

BILL NOA06874
 
05/08/2023referred to codes
01/03/2024referred to codes
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A06874 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6874
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the penal law and the civil rights law, in relation to prohibiting speech-based defenses to actions brought against an individ- ual for the unlawful dissemination or publication of an intimate image   PURPOSE OR GENERAL IDEA OF BILL: Prohibit using freedom of speech as a defense in revenge porn.   SUMMARY OF PROVISIONS: Section 1 amends the penal law to ban the use of free speech as a defense for revenge porn. Section 2 amends civil rights law to ban the use of free speech as a defense for revenge porn. Section 3 sets the effective date.   JUSTIFICATION:. In 2019, the legislature passed a law creating a crime for individuals who disseminate or publicize an intimate image of another person without such person's consent, joining several other states across the country. However, courts are now faced with the question of whether these "revenge porn" statutes are constitutional under the First Amendment. Until there is a different ruling from the Supreme Court of the United States, this bill protects victims of revenge porn by explicitly stating that free speech is not a viable defense in these cases.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A06874 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6874
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law and the civil rights law, in  relation  to
          prohibiting  speech-based defenses to actions brought against an indi-
          vidual for 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 amended by adding a  new
     2  subdivision 5 to read as follows:
     3    5. It shall not be a defense to any criminal action brought against an
     4  individual  pursuant to this section that such dissemination or publica-
     5  tion of an intimate image is protected by a right to free speech.
     6    § 2. Section 52-b of the civil rights law is amended by adding  a  new
     7  subdivision 6-a to read as follows:
     8    6-a.  It shall not be a defense to any civil action brought against an
     9  individual pursuant to this section that such dissemination or  publica-
    10  tion of an intimate image is protected by a right to free speech.
    11    § 3. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08921-01-3
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