Senate Bill S4441

2023-2024 Legislative Session

Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication 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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2023-S4441 (ACTIVE) - Details

See Assembly Version of this Bill:
A6874
Current Committee:
Senate 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:
S1822, A318

2023-S4441 (ACTIVE) - Summary

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

2023-S4441 (ACTIVE) - Sponsor Memo

2023-S4441 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4441
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed 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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