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.
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