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Assembly Bill A6874

2023-2024 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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Archive: Last Bill Status - In Assembly Committee

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2023-A6874 (ACTIVE) - Details

See Senate Version of this Bill:
S4441
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §245.15, Pen L; amd §52-b, Civ Rts L
Versions Introduced in 2025-2026 Legislative Session:
A318, S1822

2023-A6874 (ACTIVE) - Summary

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

2023-A6874 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6874
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 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.
                                                            LBD08921-01-3

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