S T A T E O F N E W Y O R K
________________________________________________________________________
8200
2013-2014 Regular Sessions
I N A S S E M B L Y
October 24, 2013
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Introduced by M. of A. MOYA -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil rights law, in relation to indecent image or
video removal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "indecent image or video removal act".
S 2. The civil rights law is amended by adding a new section 52-a to
read as follows:
S 52-A. INDECENT IMAGE OR VIDEO REMOVAL. 1. LEGISLATIVE INTENT. THE
LEGISLATURE ACKNOWLEDGES A PERSISTENT TREND WHERE RESIDENTS OF THIS
STATE HAVE HAD IMAGES OR VIDEO POSTED ONLINE WHICH DEPICTS THE SEXUAL OR
OTHER INTIMATE PARTS OF SUCH RESIDENTS, OR SUCH RESIDENTS ENGAGING IN
SEXUAL CONDUCT WHICH ARE POSTED ONLINE WITHOUT THEIR CONSENT. THE MOTI-
VATIONS OF PERSONS WHO POST SUCH IMAGES OR VIDEO, SOMETIMES ALSO
DEPICTED IN THE IMAGE OR VIDEO, RANGE FROM PRANKS, REVENGE OR MONETARY
REWARD. THE POSTING OF SUCH CONTENT HAS LED TO EMOTIONAL DISTRESS,
VIOLENCE AND SUICIDE. THE LEGISLATURE HEREBY FINDS THAT IT HAS BECOME
NECESSARY TO CREATE A MECHANISM THROUGH WHICH AFFECTED PARTIES CAN BRING
A CIVIL ACTION AGAINST THE PERSON WHO POSTS THE CONTENT FOR THE PURPOSE
OF HARASSMENT, ANNOYANCE OR REVENGE REGARDLESS OF WHETHER THE ORIGINAL
IMAGE OR VIDEO WAS CONSENSUALLY OBTAINED, AND OBTAIN A COURT ORDER TO
HAVE SUCH CONTENT TAKEN DOWN FROM THE WEBSITES AND INTERNET SERVICE
PROVIDERS THAT HOST IT UNLESS THEY HAVE WRITTEN CONSENT OF ALL PARTIES
DEPICTED IN THE IMAGE OR VIDEO.
2. PERSONAL JURISDICTION. ANY WEBSITE OR INTERNET SERVICE PROVIDER
THAT HOSTS OR TRANSMITS A STILL OR VIDEO, VIEWABLE IN THIS STATE, WHICH
PORTRAYS A RESIDENT OF THIS STATE AND DEPICTS THE SEXUAL OR OTHER INTI-
MATE PARTS OF SUCH RESIDENT, OR SUCH RESIDENT ENGAGING IN SEXUAL
CONDUCT, WITHOUT THE WRITTEN CONSENT OF SUCH RESIDENT SHALL BE SUBJECT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11900-05-3
A. 8200 2
TO PERSONAL JURISDICTION IN THIS STATE TO THE MAXIMUM EXTENT PERMITTED
UNDER THE UNITED STATES CONSTITUTION.
3. ACTION FOR DAMAGES AGAINST A PERSON WHO POSTS CERTAIN STILL OR
VIDEO IMAGES. ANY RESIDENT OF THIS STATE SHOWN IN A STILL OR VIDEO
IMAGE THAT DEPICTS THE SEXUAL OR OTHER INTIMATE PARTS OF SUCH RESIDENT,
OR SUCH RESIDENT ENGAGING IN SEXUAL CONDUCT, WHICH IS POSTED ON THE
INTERNET WITHOUT THE CONSENT OF SUCH RESIDENT SHALL HAVE A CAUSE OF
ACTION FOR DAMAGES AGAINST THE PERSON WHO POSTED SUCH IMAGE OR VIDEO ON
THE INTERNET WHERE IT WAS POSTED FOR THE PURPOSE OF HARASSING, ANNOYING
OR ALARMING SUCH RESIDENT, REGARDLESS OF WHETHER OR NOT THE ORIGINAL
IMAGE OR VIDEO WAS CONSENSUALLY OBTAINED. IN ANY SUCH ACTION, THE
FINDER OF FACT, IN ITS DISCRETION, MAY AWARD EXEMPLARY DAMAGES, IN ADDI-
TION TO COMPENSATORY DAMAGES.
4. CAUSE OF ACTION TO OBTAIN A COURT ORDER TO REDACT IMAGES OR VIDEO
HOSTED OR TRANSMITTED WITHOUT CONSENT. ANY RESIDENT OF THIS STATE SHOWN
IN A STILL OR VIDEO IMAGE THAT DEPICTS THE SEXUAL OR INTIMATE PARTS OF
SUCH RESIDENT, OR SUCH RESIDENT ENGAGING IN SEXUAL CONDUCT, UNDER
CIRCUMSTANCES WHERE SUCH IMAGE IS HOSTED OR TRANSMITTED ON THE INTERNET
WITHOUT THE WRITTEN CONSENT OF SUCH RESIDENT, MAY MAINTAIN A SPECIAL
PROCEEDING TO OBTAIN A COURT ORDER WHICH WILL REQUIRE ANY WEBSITE OR
INTERNET SERVICE PROVIDER THAT IS SUBJECT TO PERSONAL JURISDICTION UNDER
SUBDIVISION TWO OF THIS SECTION TO PERMANENTLY REDACT SUCH IMAGE OR
VIDEO.
5. SEVERANCE CLAUSE. IF ANY PROVISION OF THIS SECTION OR ITS APPLICA-
TION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL
NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
S 3. This act shall take effect immediately.