NY State Senate Bill S2725A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2018	referred to codes delivered to assembly passed senate
Jan 16, 2018	advanced to third reading
Jan 09, 2018	2nd report cal.
Jan 08, 2018	1st report cal.79
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 08, 2017	referred to codes delivered to assembly passed senate
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.1028
Mar 20, 2017	print number 2725a
Mar 20, 2017	amend and recommit to codes
Jan 17, 2017	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2725 - Details

See Assembly Version of this Bill:: A1641
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5949, A8214
2015-2016: S4450, A571
2019-2020: A326

S2725 - Summary

Establishes the crime of non-consensual dissemination of sexually explicit images as a class A misdemeanor.

S2725 - Sponsor Memo

 BILL NUMBER:  S2725

 TITLE OF BILL :  An act to amend the penal law, in relation to
establishing the crime of non-consensual dissemination of sexually
explicit images

 PURPOSE :

Relates to establishing the crime of nonconsensual dissemination of
sexually explicit images.

 SUMMARY OF PROVISIONS :

Section 1 adds a new section, 250.70 to the New York Penal Law, which
provides that a person is guilty of non-consensual dissemination of
sexually explicit images when he or she knowingly discloses a
photograph, film, videotape, or recording of another person whose
intimate parts are exposed or who is engaged in an act of sexual
contact, when a reasonable person would have known that the person
depicted would not have consented to such dissemination.

Additionally, the dissemination must be without such person's consent
and under circumstances in which the person has a reasonable
expectation of privacy, meaning that the person has consented to the
capture or possession of an image within the context of a private or
confidential relationship.

250.70.1 provides definitions of "intimate parts" and "sexual
contact."

250.70.2 provides exceptions for lawful and common practices of law
enforcement, disseminations made for a legitimate public purpose, and
situations involving voluntary exposure in public or commercial
settings, and disseminations made in the reporting of unlawful
activity.

250.70.3 Non-consensual dissemination of sexually explicit images is a
class A misdemeanor.

250.75 is also added to the penal law to allow for a civil cause of
action for the non-consensual dissemination of sexually explicit
images.

The statute of limitations to bring suit is five years. Nothing in the
section requires that a criminal charge be brought or a criminal
conviction obtained as a condition of bringing the civil cause of
action. In addition to injunctive relief, the plaintiff is entitled to
actual damages, punitive damages, and reasonable court costs and
attorney fees. The actual damages are the higher of either (1) the
calculated actual damages at the rate of $1,000 per day for each day
the images were viewable up to thirty days, or each time a threat to
distribute was made, or an image fraudulently obtained, or (2)
$10,000. There are several affirmative defenses to the civil suit
included in this legislation. Additionally, 250.75.4 allows the
plaintiffs identifying information to be redacted and to proceed with
the case under a pseudonym.

The court must inform the plaintiff of the option to proceed under a
pseudonym at the earliest possible point and shall maintain records in
a manner that protects the plaintiff's confidentiality.

 JUSTIFICATION :

In an era of increased text messaging, social networking, and
emailing, people in intimate relationships sometimes share pictures
with each other, some of which may be sexually explicit in nature.
However, recipients of these images do not always keep the images
within the confines of an intimate relationship, and have the ability
to widely disseminate the photos on the Internet.  The non-consensual
dissemination of such sexually explicit images, also known as "revenge
porn" is often provided to Internet websites, and features photos
sometimes accompanied by disparaging descriptions and identifying
details, such as where the victims live and work, as well as links to
their social network pages.  Posting these photographs online is
damaging to the reputations of the victims. These photographs have
extensive negative effects, including destroying future intimate
relationships and educational and employment opportunities. Victims
are routinely threatened with sexual assault, stalked, harassed, or
fired from jobs.  New York's current distribution of unlawful
surveillance law only governs photographs taken without the subject's
consent. This bill would govern photographs that are captured
consensually, as part of an intimate, private relationship, which are
later disclosed by an individual to the public without the consent of
the individual photographed.

Criminalization is preferable to civil suits by victims because civil
suits do not deter those who upload or disclose new images after a
civil suit has ended. Furthermore, a lengthy trial is emotionally
exhausting and prohibitively expensive. Moreover, the websites that
distribute nonconsensual pornography are given broad immunity for
civil liability under federal law through the Communications Decency
Act. Therefore, criminalizing dissemination of these photos may
prevent websites from benefiting from the harmful images.

However, because New York relies on common law to pursue a civil case,
including the torts of harassment and intentional infliction of
emotional distress, a civil suit is often difficult to pursue and win.

As such, this legislation adds a civil cause of action for
non-consensual dissemination of sexually explicit images that would
provide recourse to victims. The civil cause of action is designed to
work in conjunction with the criminal law, and does not require that a
criminal conviction or charge be obtained in order to proceed. The
victim will have a choice whether to pursue a criminal or civil case,
or both. Additionally, victims of non-consensual pornography have five
years to bring a suit for the nonconsensual dissemination of sexually
explicit images.

The criminal portion of the bill is also narrowly drawn so as not to
infringe on First Amendment rights, as there is no constitutional
protection afforded to individuals who consume or distribute sexually
explicit images of individuals without their consent. The bill also
creates exceptions for lawful activity.

 LEGISLATIVE HISTORY :

2013-2014: A.8214/S.5949 - Amend and recommit to Codes.
2015-2016: A.571-B/S.4450-B - Amend and recommit to Codes.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S2725 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2725

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 17, 2017
                               ___________

Introduced by Sens. GRIFFO, DeFRANCISCO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN  ACT to amend the penal law, in relation to establishing the crime of
  non-consensual dissemination of sexually explicit images

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 250.70
and 250.75 to read as follows:
§ 250.70 NON-CONSENSUAL DISSEMINATION OF SEXUALLY EXPLICIT IMAGES.
  A PERSON IS GUILTY OF NON-CONSENSUAL DISSEMINATION OF SEXUALLY EXPLIC-
IT IMAGES WHEN HE OR SHE KNOWINGLY AND WITHOUT CONSENT OF  THE  DEPICTED
PERSON  DISSEMINATES  A  PHOTOGRAPH,  FILM, VIDEOTAPE, RECORDING, OR ANY
OTHER REPRODUCTION OF THE IMAGE OF SUCH DEPICTED PERSON  WHOSE  INTIMATE
PARTS  ARE EXPOSED OR WHO IS ENGAGED IN AN ACT OF SEXUAL CONTACT, WHEN A
REASONABLE PERSON WOULD HAVE KNOWN THAT THE PERSON  DEPICTED  WOULD  NOT
HAVE  CONSENTED  TO SUCH DISSEMINATION, AND UNDER CIRCUMSTANCES IN WHICH
THE DEPICTED PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.   A  PERSON
WHO  HAS  CONSENTED  TO THE CAPTURE OR POSSESSION OF AN IMAGE WITHIN THE
CONTEXT OF A PRIVATE OR CONFIDENTIAL RELATIONSHIP RETAINS  A  REASONABLE
EXPECTATION   OF  PRIVACY  WITH  REGARD  TO  DISSEMINATION  BEYOND  THAT
RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "INTIMATE PARTS" MEANS THE NAKED GENITALS, PUBIC  AREA,  ANUS,  OR
FEMALE POST-PUBESCENT NIPPLE OF THE PERSON.
  (B)  "SEXUAL CONTACT" MEANS BUT IS NOT LIMITED TO, MASTURBATION, GENI-
TAL, ANAL, OR ORAL SEX, SEXUAL PENETRATION WITH OBJECTS, OR THE TRANSFER
OR TRANSMISSION OF SEMEN UPON ANY PART OF THE DEPICTED PERSON'S BODY.
  2. THIS SECTION SHALL NOT APPLY TO:
  (A) LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT,  CRIMINAL  REPORT-
ING,  OR  LEGAL  PROCEEDINGS, OR DISSEMINATIONS MADE IN THE REPORTING OF
UNLAWFUL ACTIVITY; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01700-01-7

S. 2725                             2

  (B) SITUATIONS INVOLVING VOLUNTARY EXPOSURE IN  PUBLIC  OR  COMMERCIAL
SETTINGS, OR DISSEMINATIONS MADE FOR A LEGITIMATE PUBLIC PURPOSE.
  NON-CONSENSUAL  DISSEMINATION OF SEXUALLY EXPLICIT IMAGES IS A CLASS A
MISDEMEANOR.
§ 250.75 CIVIL CAUSE OF ACTION FOR NON-CONSENSUAL DISSEMINATION OF SEXU-
           ALLY EXPLICIT IMAGES.
  1. A CIVIL CAUSE OF ACTION LIES AGAINST  A  PERSON  WHO  DISSEMINATES,
THREATENS  TO  DISSEMINATE  AN IMAGE OF ANOTHER PERSON IDENTIFIABLE FROM
THE IMAGE ITSELF OR INFORMATION DISPLAYED IN CONNECTION WITH  THE  IMAGE
AND  WHOSE  INTIMATE  PARTS  ARE EXPOSED OR IS ENGAGED IN SEXUAL CONDUCT
WITHOUT THAT OTHER PERSON'S CONSENT, IF THE ACTOR:
  (A) OBTAINED THE IMAGE  OR  IMAGES  UNDER  CIRCUMSTANCES  IN  WHICH  A
REASONABLE  PERSON WOULD KNOW OR UNDERSTAND THAT THE IMAGE WAS TO REMAIN
PRIVATE, INCLUDING BUT NOT LIMITED TO IMAGES SHARED WITHIN  THE  CONTEXT
OF  A  CONFIDENTIAL RELATIONSHIP THAT WERE THEN DISSEMINATED BEYOND SUCH
RELATIONSHIP; OR
  (B) KNOWINGLY OBTAINED THE IMAGE OR IMAGES UNDER  FALSE  PRETENSES  OR
WITHOUT  AUTHORIZATION  OR  BY  EXCEEDING AUTHORIZED ACCESS TO PROPERTY,
ACCOUNTS, MESSAGES, FILES, DEVICES, OR RESOURCES.
  2. THE FOLLOWING AFFIRMATIVE DEFENSE SHALL APPLY IF:
  (A) THE DISTRIBUTED MATERIAL  WAS  CREATED  OR  DISTRIBUTED  UNDER  AN
AGREEMENT BY THE PERSON APPEARING IN THE MATERIAL FOR ITS PUBLIC USE AND
DISTRIBUTION; OR
  (B)  THE  DISTRIBUTED MATERIAL CONSTITUTES A MATTER OF PUBLIC CONCERN,
LAWFUL AND COMMON PRACTICES  OF  LAW  ENFORCEMENT,  CRIMINAL  REPORTING,
LEGAL  PROCEEDINGS,  MEDICAL  TREATMENT,  OR  SCIENTIFIC  OR EDUCATIONAL
ACTIVITIES; OR
  (C) THE DISTRIBUTED MATERIAL  WAS  PHOTOGRAPHED,  FILMED,  VIDEOTAPED,
RECORDED,  OR  OTHERWISE  REPRODUCED IN A PUBLIC PLACE AND UNDER CIRCUM-
STANCES IN WHICH THE PERSON DEPICTED HAD NO  REASONABLE  EXPECTATION  OF
PRIVACY.
  3. IN ADDITION TO OTHER RELIEF AVAILABLE AT LAW, INCLUDING AN ORDER BY
THE  COURT TO DESTROY ANY IMAGE OBTAINED OR DISSEMINATED IN VIOLATION OF
THIS SECTION, AND TO PRESERVE DISCOVERABLE INFORMATION, AND  PRELIMINARY
AND PERMANENT INJUNCTIVE RELIEF, THE ACTOR SHALL BE LIABLE TO THE PLAIN-
TIFF FOR:
  (A)  ACTUAL  DAMAGES,  BUT  NOT  LESS  THAN  LIQUIDATED DAMAGES, TO BE
COMPUTED AT THE RATE OF ONE THOUSAND DOLLARS PER DAY FOR  EACH  DAY  THE
IMAGE  OR  IMAGES  WERE VIEWABLE OR EACH INSTANCE A THREAT TO DISTRIBUTE
WAS MADE OR AN IMAGE FRAUDULENTLY OBTAINED UP TO  THIRTY  DAYS,  OR  TEN
THOUSAND DOLLARS, WHICHEVER IS HIGHER; AND
  (B) PUNITIVE DAMAGES; AND
  (C) REASONABLE COURT COSTS AND ATTORNEYS' FEES.
  4.  IN  AN ACTION BROUGHT UNDER THIS SECTION, ALL IDENTIFYING INFORMA-
TION ABOUT THE PLAINTIFF  MAY  BE  REDACTED  FROM  PLEADINGS  AND  COURT
FILINGS  AND  THE PLAINTIFF MAY PROCEED UNDER PSEUDONYM; THE COURT SHALL
INFORM THE PLAINTIFF OF THE OPTION TO PROCEED  UNDER  PSEUDONYM  AT  THE
EARLIEST  POSSIBLE POINT AND SHALL MAINTAIN THE RECORDS IN A MANNER THAT
PROTECTS THE PLAINTIFF'S CONFIDENTIALITY.
  5. THE FOLLOWING DEFINITIONS SHALL APPLY:  (A) "PERSONAL  INFORMATION"
INCLUDES,  BUT  IS  NOT LIMITED TO, NAME OR ANY PART THEREOF, ADDRESS OR
ANY  PART  THEREOF,  AGE,  NAMES  OF  FAMILY  MEMBERS,  MARITAL  STATUS,
RELATIONSHIP  TO DEFENDANT, RACE OR ETHNIC BACKGROUND, EMPLOYER, SCHOOL,
OR URLS, SOCIAL MEDIA ACCOUNT USERNAMES, AND SCREENSHOTS RELATED TO  THE
CAUSE OF ACTION;

S. 2725                             3

  (B) "ACTUAL DAMAGES" INCLUDES, BUT IS NOT LIMITED TO, PAIN AND SUFFER-
ING, EMOTIONAL DISTRESS, ECONOMIC DAMAGES, AND LOST EARNINGS.
  6. A CAUSE OF ACTION BROUGHT UNDER THIS SECTION MAY BE BROUGHT NO MORE
THAN FIVE YEARS AFTER THE LAST DISSEMINATION OR INCIDENT.
  7. THE ACTOR'S CLAIM THAT THE DEPICTED PERSON IS A PUBLIC FIGURE SHALL
NOT BE SUFFICIENT TO ESTABLISH THE AFFIRMATIVE DEFENSE THAT DISTRIBUTION
CONSTITUTES A MATTER OF PUBLIC CONCERN.
  8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT A CRIMI-
NAL  CHARGE  BE BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDI-
TION OF BRINGING A CIVIL CAUSE OF ACTION OR RECEIVING A  CIVIL  JUDGMENT
PURSUANT  TO  THIS  SECTION  OR  BE CONSTRUED TO REQUIRE THAT ANY OF THE
RULES GOVERNING A CRIMINAL PROCEEDING BE APPLICABLE TO  ANY  SUCH  CIVIL
ACTION.
  § 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

S2725A (ACTIVE) - Details

See Assembly Version of this Bill:: A1641
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §§250.70 & 250.75, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5949, A8214
2015-2016: S4450, A571
2019-2020: A326

S2725A (ACTIVE) - Summary

Establishes the crime of non-consensual dissemination of sexually explicit images as a class A misdemeanor.

S2725A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2725A

 TITLE OF BILL :

An act to amend the penal law, in relation to establishing the crime
of non-consensual dissemination of sexually explicit images

 PURPOSE :

Relates to establishing the crime of nonconsensual dissemination of
sexually explicit images.

 SUMMARY OF PROVISIONS :

Section 1 adds a new section, 250.70 to the New York Penal Law, which
provides that a person is guilty of non-consensual dissemination of
sexually explicit images when he or she knowingly discloses a
photograph, film, videotape, or recording of another person whose
intimate parts are exposed or who is engaged in an act of sexual
contact, when a reasonable person would have known that the person
depicted would not have consented to such dissemination.
Additionally, the dissemination must be without such person's consent
and under circumstances in which the person has a reasonable
expectation of privacy, meaning that the person has consented to the
capture or possession of an image within the context of a private or
confidential relationship.

250.70.1 provides definitions of "intimate parts" and "sexual
contact."

250.70.2 provides exceptions for lawful and common practices of law
enforcement, disseminations made for a legitimate public purpose, and
situations involving voluntary exposure in public or commercial
settings, and disseminations made in the reporting of unlawful
activity.

250.70.3 Non-consensual dissemination of sexually explicit images is a
class A misdemeanor.

250.75 is also added to the penal law to allow for a civil cause of
action for the non-consensual dissemination of sexually explicit
images.

The statute of limitations to bring suit is five years. Nothing in the
section requires that a criminal charge be brought or a criminal
conviction obtained as a condition of bringing the civil cause of
action. In addition to injunctive relief, the plaintiff is entitled to
actual damages, punitive damages, and reasonable court costs and
attorney fees. The actual damages are the higher of either (1) the
calculated actual damages at the rate of $1,000 per day for each day
the images were viewable up to thirty days, or each time a threat to
distribute was made, or an image fraudulently obtained, or (2)
$10,000. There are several affirmative defenses to the civil suit
included in this legislation. Additionally, 250.75.4 allows the
plaintiffs identifying information to be redacted and to proceed with
the case under a pseudonym.  The court must inform the plaintiff of
the option to proceed under a pseudonym at the earliest possible point
and shall maintain records in a manner that protects the plaintiff's
confidentiality.

 JUSTIFICATION :

In an era of increased text messaging, social networking, and
emailing, people in intimate relationships sometimes share pictures
with each other, some of which may be sexually explicit in nature.
However, recipients of these images do not always keep the images
within the confines of an intimate relationship, and have the ability
to widely disseminate the photos on the Internet.

The non-consensual dissemination of such sexually explicit images,
also known as "revenge porn" is often provided to Internet websites,
and features photos sometimes accompanied by disparaging descriptions
and identifying details, such as where the victims live and work, as
well as links to their social network pages.

Posting these photographs online is damaging to the reputations of the
victims. These photographs have extensive negative effects, including
destroying future intimate relationships and educational and
employment opportunities. Victims are routinely threatened with sexual
assault, stalked, harassed, or fired from jobs.

New York's current distribution of unlawful surveillance law only
governs photographs taken without the subject's consent. This bill
would govern photographs that are captured consensually, as part of an
intimate, private relationship, which are later disclosed by an
individual to the public without the consent of the individual
photographed.

Criminalization is preferable to civil suits by victims because civil
suits do not deter those who upload or disclose new images after a
civil suit has ended. Furthermore, a lengthy trial is emotionally
exhausting and prohibitively expensive. Moreover, the websites that
distribute nonconsensual pornography are given broad immunity for
civil liability under federal law through the Communications Decency
Act. Therefore, criminalizing dissemination of these photos may
prevent websites from benefiting from the harmful images.

However, because New York relies on common law to pursue a civil case,
including the torts of harassment and intentional infliction of
emotional distress, a civil suit is often difficult to pursue and win.

As such, this legislation adds a civil cause of action for
non-consensual dissemination of sexually explicit images that would
provide recourse to victims. The civil cause of action is designed to
work in conjunction with the criminal law, and does not require that a
criminal conviction or charge be obtained in order to proceed. The
victim will have a choice whether to pursue a criminal or civil case,
or both. Additionally, victims of non-consensual pornography have five
years to bring a suit for the nonconsensual dissemination of sexually
explicit images.

The criminal portion of the bill is also narrowly drawn so as not to
infringe on First Amendment rights, as there is no constitutional
protection afforded to individuals who consume or distribute sexually
explicit images of individuals without their consent. The bill also
creates exceptions for lawful activity.

 LEGISLATIVE HISTORY :

2013-2014: A.8214/S.5949 - Amend and recommit to Codes.
2015-2016:  A.571-B/S.4450-B - Amend and recommit to Codes.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S2725A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2725--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 17, 2017
                               ___________

Introduced by Sens. GRIFFO, DeFRANCISCO -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the penal law, in relation to establishing the crime of
  non-consensual dissemination of sexually explicit images

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 250.70
and 250.75 to read as follows:
§ 250.70 NON-CONSENSUAL DISSEMINATION OF SEXUALLY EXPLICIT IMAGES.
  A PERSON IS GUILTY OF NON-CONSENSUAL DISSEMINATION OF SEXUALLY EXPLIC-
IT IMAGES WHEN HE OR SHE KNOWINGLY AND WITHOUT CONSENT OF  THE  DEPICTED
PERSON  DISSEMINATES  A  PHOTOGRAPH,  FILM, VIDEOTAPE, RECORDING, OR ANY
OTHER REPRODUCTION OF THE IMAGE OF SUCH DEPICTED PERSON  WHOSE  INTIMATE
PARTS  ARE EXPOSED OR WHO IS ENGAGED IN AN ACT OF SEXUAL CONTACT, WHEN A
REASONABLE PERSON WOULD HAVE KNOWN THAT THE PERSON  DEPICTED  WOULD  NOT
HAVE  CONSENTED  TO SUCH DISSEMINATION, AND UNDER CIRCUMSTANCES IN WHICH
THE DEPICTED PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.   A  PERSON
WHO  HAS  CONSENTED  TO THE CAPTURE OR POSSESSION OF AN IMAGE WITHIN THE
CONTEXT OF A PRIVATE OR CONFIDENTIAL RELATIONSHIP RETAINS  A  REASONABLE
EXPECTATION   OF  PRIVACY  WITH  REGARD  TO  DISSEMINATION  BEYOND  THAT
RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "INTIMATE PARTS" MEANS THE NAKED GENITALS, PUBIC  AREA,  ANUS,  OR
FEMALE POST-PUBESCENT NIPPLE OF THE PERSON.
  (B)  "SEXUAL CONTACT" MEANS BUT IS NOT LIMITED TO, MASTURBATION, GENI-
TAL, ANAL, OR ORAL SEX, SEXUAL PENETRATION WITH OBJECTS, OR THE TRANSFER
OR TRANSMISSION OF SEMEN UPON ANY PART OF THE DEPICTED PERSON'S BODY.
  2. THIS SECTION SHALL NOT APPLY TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01700-03-7

S. 2725--A                          2

  (A) LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT,  CRIMINAL  REPORT-
ING,  OR  LEGAL  PROCEEDINGS, OR DISSEMINATIONS MADE IN THE REPORTING OF
UNLAWFUL ACTIVITY;
  (B)  SITUATIONS  INVOLVING  VOLUNTARY EXPOSURE IN PUBLIC OR COMMERCIAL
SETTINGS, OR DISSEMINATIONS MADE FOR A LEGITIMATE PUBLIC PURPOSE; OR
  (C) PROVIDERS OF AN INTERACTIVE COMPUTER SERVICE,  AS  DEFINED  IN  47
U.S.C. § 230(F), FOR IMAGES PROVIDED BY ANOTHER PERSON.
  NON-CONSENSUAL  DISSEMINATION OF SEXUALLY EXPLICIT IMAGES IS A CLASS A
MISDEMEANOR.
§ 250.75 CIVIL CAUSE OF ACTION FOR NON-CONSENSUAL DISSEMINATION OF SEXU-
           ALLY EXPLICIT IMAGES.
  1. A CIVIL CAUSE OF ACTION LIES AGAINST  A  PERSON  WHO  DISSEMINATES,
THREATENS  TO  DISSEMINATE  AN IMAGE OF ANOTHER PERSON IDENTIFIABLE FROM
THE IMAGE ITSELF OR INFORMATION DISPLAYED IN CONNECTION WITH  THE  IMAGE
AND  WHOSE  INTIMATE  PARTS  ARE EXPOSED OR IS ENGAGED IN SEXUAL CONDUCT
WITHOUT THAT OTHER PERSON'S CONSENT, IF THE ACTOR:
  (A) OBTAINED THE IMAGE  OR  IMAGES  UNDER  CIRCUMSTANCES  IN  WHICH  A
REASONABLE  PERSON WOULD KNOW OR UNDERSTAND THAT THE IMAGE WAS TO REMAIN
PRIVATE, INCLUDING BUT NOT LIMITED TO IMAGES SHARED WITHIN  THE  CONTEXT
OF  A  CONFIDENTIAL RELATIONSHIP THAT WERE THEN DISSEMINATED BEYOND SUCH
RELATIONSHIP; OR
  (B) KNOWINGLY OBTAINED THE IMAGE OR IMAGES UNDER  FALSE  PRETENSES  OR
WITHOUT  AUTHORIZATION  OR  BY  EXCEEDING AUTHORIZED ACCESS TO PROPERTY,
ACCOUNTS, MESSAGES, FILES, DEVICES, OR RESOURCES.
  2. THE FOLLOWING AFFIRMATIVE DEFENSE SHALL APPLY IF:
  (A) THE DISTRIBUTED MATERIAL  WAS  CREATED  OR  DISTRIBUTED  UNDER  AN
AGREEMENT BY THE PERSON APPEARING IN THE MATERIAL FOR ITS PUBLIC USE AND
DISTRIBUTION; OR
  (B)  THE  DISTRIBUTED MATERIAL CONSTITUTES A MATTER OF PUBLIC CONCERN,
LAWFUL AND COMMON PRACTICES  OF  LAW  ENFORCEMENT,  CRIMINAL  REPORTING,
LEGAL  PROCEEDINGS,  MEDICAL  TREATMENT,  OR  SCIENTIFIC  OR EDUCATIONAL
ACTIVITIES; OR
  (C) THE DISTRIBUTED MATERIAL  WAS  PHOTOGRAPHED,  FILMED,  VIDEOTAPED,
RECORDED,  OR  OTHERWISE  REPRODUCED IN A PUBLIC PLACE AND UNDER CIRCUM-
STANCES IN WHICH THE PERSON DEPICTED HAD NO  REASONABLE  EXPECTATION  OF
PRIVACY.
  3. IN ADDITION TO OTHER RELIEF AVAILABLE AT LAW, INCLUDING AN ORDER BY
THE  COURT TO DESTROY ANY IMAGE OBTAINED OR DISSEMINATED IN VIOLATION OF
THIS SECTION, AND TO PRESERVE DISCOVERABLE INFORMATION, AND  PRELIMINARY
AND PERMANENT INJUNCTIVE RELIEF, THE ACTOR SHALL BE LIABLE TO THE PLAIN-
TIFF FOR:
  (A)  ACTUAL  DAMAGES,  BUT  NOT  LESS  THAN  LIQUIDATED DAMAGES, TO BE
COMPUTED AT THE RATE OF ONE THOUSAND DOLLARS PER DAY FOR  EACH  DAY  THE
IMAGE  OR  IMAGES  WERE VIEWABLE OR EACH INSTANCE A THREAT TO DISTRIBUTE
WAS MADE OR AN IMAGE FRAUDULENTLY OBTAINED UP TO  THIRTY  DAYS,  OR  TEN
THOUSAND DOLLARS, WHICHEVER IS HIGHER; AND
  (B) PUNITIVE DAMAGES; AND
  (C) REASONABLE COURT COSTS AND ATTORNEYS' FEES.
  4.  IN  AN ACTION BROUGHT UNDER THIS SECTION, ALL IDENTIFYING INFORMA-
TION ABOUT THE PLAINTIFF  MAY  BE  REDACTED  FROM  PLEADINGS  AND  COURT
FILINGS  AND  THE PLAINTIFF MAY PROCEED UNDER PSEUDONYM; THE COURT SHALL
INFORM THE PLAINTIFF OF THE OPTION TO PROCEED  UNDER  PSEUDONYM  AT  THE
EARLIEST  POSSIBLE POINT AND SHALL MAINTAIN THE RECORDS IN A MANNER THAT
PROTECTS THE PLAINTIFF'S CONFIDENTIALITY.
  5. THE FOLLOWING DEFINITIONS SHALL APPLY:  (A) "PERSONAL  INFORMATION"
INCLUDES,  BUT  IS  NOT LIMITED TO, NAME OR ANY PART THEREOF, ADDRESS OR

S. 2725--A                          3

ANY  PART  THEREOF,  AGE,  NAMES  OF  FAMILY  MEMBERS,  MARITAL  STATUS,
RELATIONSHIP  TO DEFENDANT, RACE OR ETHNIC BACKGROUND, EMPLOYER, SCHOOL,
OR URLS, SOCIAL MEDIA ACCOUNT USERNAMES, AND SCREENSHOTS RELATED TO  THE
CAUSE OF ACTION;
  (B) "ACTUAL DAMAGES" INCLUDES, BUT IS NOT LIMITED TO, PAIN AND SUFFER-
ING, EMOTIONAL DISTRESS, ECONOMIC DAMAGES, AND LOST EARNINGS.
  6. A CAUSE OF ACTION BROUGHT UNDER THIS SECTION MAY BE BROUGHT NO MORE
THAN FIVE YEARS AFTER THE LAST DISSEMINATION OR INCIDENT.
  7. THE ACTOR'S CLAIM THAT THE DEPICTED PERSON IS A PUBLIC FIGURE SHALL
NOT BE SUFFICIENT TO ESTABLISH THE AFFIRMATIVE DEFENSE THAT DISTRIBUTION
CONSTITUTES A MATTER OF PUBLIC CONCERN.
  8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT A CRIMI-
NAL  CHARGE  BE BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDI-
TION OF BRINGING A CIVIL CAUSE OF ACTION OR RECEIVING A  CIVIL  JUDGMENT
PURSUANT  TO  THIS  SECTION  OR  BE CONSTRUED TO REQUIRE THAT ANY OF THE
RULES GOVERNING A CRIMINAL PROCEEDING BE APPLICABLE TO  ANY  SUCH  CIVIL
ACTION.
  9. THIS SECTION SHALL NOT APPLY TO PROVIDERS OF AN INTERACTIVE COMPUT-
ER  SERVICE,  AS  DEFINED  IN 47 U.S.C. § 230(F), FOR IMAGES PROVIDED BY
ANOTHER PERSON.
  § 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S2725A

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Mar 21, 2018 - floor Vote

Floor Vote: Mar 21, 2018

Jan 8, 2018 - Codes committee Vote

Codes Committee Vote: Jan 8, 2018

Jun 8, 2017 - floor Vote

Floor Vote: Jun 8, 2017

May 16, 2017 - Codes committee Vote

Codes Committee Vote: May 16, 2017

Bill Amendments

Co-Sponsors

S2725 - Details

S2725 - Summary

S2725 - Sponsor Memo

S2725 - Bill Text download pdf

Co-Sponsors

S2725A (ACTIVE) - Details

S2725A (ACTIVE) - Summary

S2725A (ACTIVE) - Sponsor Memo

S2725A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2725A

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 21, 2018 - floor Vote

Floor Vote: Mar 21, 2018

Jan 8, 2018 - Codes committee Vote

Codes Committee Vote: Jan 8, 2018

Jun 8, 2017 - floor Vote

Floor Vote: Jun 8, 2017

May 16, 2017 - Codes committee Vote

Codes Committee Vote: May 16, 2017

Bill Amendments

Co-Sponsors

John A. DeFrancisco

S2725 - Details

S2725 - Summary

S2725 - Sponsor Memo

S2725 - Bill Text download pdf

Co-Sponsors

John A. DeFrancisco

S2725A (ACTIVE) - Details

S2725A (ACTIVE) - Summary

S2725A (ACTIVE) - Sponsor Memo

S2725A (ACTIVE) - Bill Text download pdf

Comments