Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.
STATE OF NEW YORK
________________________________________________________________________
6304--B
2021-2022 Regular Sessions
IN SENATE
April 21, 2021
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Codes in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law and the civil rights law, in relation to
unlawful dissemination or publication of intimate images created by
digitization and of sexually explicit depictions of an individual
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 245.15 of the penal law, as added
2 by chapter 109 of the laws of 2019, is amended and a new subdivision 2-b
3 is added to read as follows:
4 1. A person is guilty of unlawful dissemination or publication of an
5 intimate image when:
6 (a) with intent to cause harm to the emotional, financial or physical
7 welfare of another person, he or she intentionally disseminates or
8 publishes a still or video, including an image created by digitization,
9 image of such other person, who is identifiable from the still or video
10 image itself or from information displayed in connection with the still
11 or video image, without such other person's consent, which depicts:
12 (i) an unclothed or exposed intimate part of such other person; or
13 (ii) such other person engaging in sexual conduct as defined in subdi-
14 vision ten of section 130.00 of this chapter with another person; and
15 (b) such still or video image was:
16 (i) taken under circumstances when the person depicted had a reason-
17 able expectation that the image would remain private and the actor knew
18 or reasonably should have known the person depicted intended for the
19 still or video image to remain private, regardless of whether the actor
20 was present when the still or video image was taken[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10561-07-1
S. 6304--B 2
1 (ii) created by digitization and the actor knew or reasonably should
2 have known the person depicted did not consent to its creation or to its
3 dissemination or publication.
4 2-b. For purposes of this section "digitization" means to realis-
5 tically depict any of the following:
6 (a) The nude body parts of another human being as the nude body parts
7 of the depicted person.
8 (b) Computer-generated nude body parts as the nude body parts of the
9 depicted person.
10 (c) The depicted person engaging in sexual conduct in which the
11 depicted person did not engage.
12 § 2. Paragraph a of subdivision 2 of section 52-c of the civil rights
13 law, as added by chapter 304 of the laws of 2020, is amended to read as
14 follows:
15 a. A depicted individual shall have a cause of action against a person
16 who, discloses, disseminates or publishes or with intent to cause harm
17 to the emotional, financial or physical welfare of another person, he or
18 she threatens to disclose, disseminate or publish sexually explicit
19 material related to the depicted individual, and the person knows or
20 reasonably should have known the depicted individual in that material
21 did not consent to its creation, disclosure, dissemination, or publica-
22 tion.
23 § 3. This act shall take effect on the sixtieth day after it shall
24 have become a law.
