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Assembly Bill A318A

2025-2026 Legislative Session

Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image

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Bill Amendments

co-Sponsors

2025-A318 - Details

See Senate Version of this Bill:
S1822
Law Section:
Penal Law
Laws Affected:
Amd §245.15, Pen L; amd §52-b, Civ Rts L
Versions Introduced in 2023-2024 Legislative Session:
A6874, S4441

2025-A318 - Summary

Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image.

2025-A318 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    318
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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:
 
   Section 1. Section 245.15 of the penal law is amended by adding a  new
 subdivision 5 to read as follows:
   5. IT SHALL NOT BE A DEFENSE TO ANY CRIMINAL ACTION BROUGHT AGAINST AN
 INDIVIDUAL  PURSUANT TO THIS SECTION THAT SUCH DISSEMINATION OR PUBLICA-
 TION OF AN INTIMATE IMAGE IS PROTECTED BY A RIGHT TO FREE SPEECH.
   § 2. Section 52-b of the civil rights law is amended by adding  a  new
 subdivision 6-a to read as follows:
   6-A.  IT SHALL NOT BE A DEFENSE TO ANY CIVIL ACTION BROUGHT AGAINST AN
 INDIVIDUAL PURSUANT TO THIS SECTION THAT SUCH DISSEMINATION OR  PUBLICA-
 TION OF AN INTIMATE IMAGE IS PROTECTED BY A RIGHT TO FREE SPEECH.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01205-01-5

co-Sponsors

2025-A318A (ACTIVE) - Details

See Senate Version of this Bill:
S1822
Law Section:
Penal Law
Laws Affected:
Amd §245.15, Pen L; amd §52-b, Civ Rts L
Versions Introduced in 2023-2024 Legislative Session:
A6874, S4441

2025-A318A (ACTIVE) - Summary

Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image.

2025-A318A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  318--A
                                                         Cal. No. 262
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ, ZACCARO, WEPRIN -- read once and referred
   to the Committee on Codes -- recommitted to the Committee on Codes  in
   accordance  with  Assembly  Rule 3, sec. 2 -- reported from committee,
   advanced to a third reading, amended and ordered reprinted,  retaining
   its place on the order of third reading
 
 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:
 
   Section  1. Section 245.15 of the penal law is amended by adding a new
 subdivision 5 to read as follows:
   5. IT SHALL NOT BE A DEFENSE TO ANY CRIMINAL ACTION BROUGHT AGAINST AN
 INDIVIDUAL PURSUANT TO THIS SECTION THAT SUCH DISSEMINATION OR  PUBLICA-
 TION  OF AN INTIMATE IMAGE IS PROTECTED BY A RIGHT TO FREE SPEECH, WHERE
 THE PROSECUTION HAS ESTABLISHED BEYOND A REASONABLE DOUBT THAT,  AT  THE
 TIME  OF DISSEMINATION, THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE
 SUBJECT OF THE IMAGE HAD A REASONABLE EXPECTATION OF PRIVACY AND DID NOT
 CONSENT TO THE RELEASE OF SUCH IMAGE.
   § 2. Section 52-b of the civil rights law is amended by adding  a  new
 subdivision 6-a to read as follows:
   6-A.  IT SHALL NOT BE A DEFENSE TO ANY CIVIL ACTION BROUGHT AGAINST AN
 INDIVIDUAL PURSUANT TO THIS SECTION THAT SUCH DISSEMINATION OR  PUBLICA-
 TION  OF AN INTIMATE IMAGE IS PROTECTED BY A RIGHT TO FREE SPEECH, WHERE
 THE PLAINTIFF HAS ESTABLISHED BY A PREPONDERANCE OF THE  EVIDENCE  THAT,
 AT  THE  TIME  OF DISSEMINATION, THE DEFENDANT KNEW OR SHOULD HAVE KNOWN
 THAT THE SUBJECT OF THE IMAGE HAD A REASONABLE  EXPECTATION  OF  PRIVACY
 AND DID NOT CONSENT TO THE RELEASE OF SUCH IMAGE.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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