"I would like to congratulate Governor Andrew Cuomo, Assemblywoman Amy Paulin, and Senator David Carlucci for the signing into law today of legislation which closes a loophole in New York's unlawful surveillance law," said Assemblyman Edward C. Braunstein (D-Bayside).
Under already existing law, individuals may be charged with unlawful surveillance in the second degree if they use a device to view, broadcast or record another person engaged in sexual conduct. This image must have been recorded without the person’s consent. This new law adds that a person can be charged with unlawful surveillance in the second degree, regardless of whether the other person's sexual parts were broadcast.
"This bill is a great first step, but more needs to be done, as New York’s distribution of unlawful surveillance law only governs photographs taken without the subject’s consent," said Assemblyman Braunstein. "The legislation I introduced last October, A.8214, criminalizes the non-consensual disclosure of sexually explicit photographs. It would protect the vast majority of revenge porn victims because it covers photographs that are captured consensually, as part of an intimate relationship, with the expectation of privacy, and which are later disclosed by an individual to the public without the consent of the individual photographed."
"Disseminating sexually explicit images that were shared with an expectation of privacy can cause lasting damage to victims and should be a crime,” said Assemblyman Braunstein. “Passage of A.8214 would make it clear that New York will not allow this type of harassment to continue. With the proliferation of cell phones and social networking, this problem will only get worse if we do not take action."