Senate Bill S8663

2017-2018 Legislative Session

Establishes a cause of action for injunction and damages for unlawful dissemination of an intimate image

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S8663 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §51, Civ Rts L

2017-S8663 (ACTIVE) - Summary

Establishes a cause of action for unlawful dissemination of an intimate image to prevent and restrain such dissemination; provides for damages and reasonable attorney's fees.

2017-S8663 (ACTIVE) - Sponsor Memo

2017-S8663 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8663
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law,  in  relation  to  establishing  a
   cause  of action for injunction and damages for unlawful dissemination
   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 51 of the civil rights law, as amended by chapter
 674 of the laws of 1995, is amended to read as follows:
   § 51. Action for injunction and for damages. 1. Any person whose name,
 portrait, picture or voice is used within  this  state  for  advertising
 purposes  or for the purposes of trade without the written consent first
 obtained as above provided may  maintain  an  equitable  action  in  the
 supreme  court  of this state against the person, firm or corporation so
 using his name, portrait, picture or voice, to prevent and restrain  the
 use  thereof;  and  may  also  sue  and recover damages for any injuries
 sustained by reason of such use and if the defendant shall have knowing-
 ly used such person's name, portrait, picture or voice in such manner as
 is forbidden or declared to be unlawful by section fifty of  this  arti-
 cle, the jury, in its discretion, may award exemplary damages. But noth-
 ing  contained  in  this article shall be so construed as to prevent any
 person, firm or corporation from selling or otherwise  transferring  any
 material  containing  such  name, portrait, picture or voice in whatever
 medium to any user of such name, portrait, picture or voice, or  to  any
 third  party for sale or transfer directly or indirectly to such a user,
 for use in a manner lawful under this article; nothing contained in this
 article shall be so construed as to prevent any person, firm  or  corpo-
 ration,  practicing the profession of photography, from exhibiting in or
 about his or its establishment specimens of the work of such  establish-
 ment,  unless  the same is continued by such person, firm or corporation
 after written notice objecting thereto has  been  given  by  the  person
 portrayed;  and  nothing contained in this article shall be so construed
 as to prevent any person, firm  or  corporation  from  using  the  name,
 portrait,  picture  or voice of any manufacturer or dealer in connection
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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