S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8449
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced  by  M. of A. LEVENBERG, BRONSON, CONRAD, GLICK, BUTTENSCHON,
   HYNDMAN, ZACCARO, DAVILA, BERGER, STIRPE -- read once and referred  to
   the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law,  the criminal procedure law and the
   correction law, in relation to establishing offenses involving sexual-
   ly explicit digital alterations

   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 "digital alterations protections act".
   § 2. The penal law is amended by adding a new article 246 to  read  as
 follows:
 
                                ARTICLE 246
         OFFENSES INVOLVING SEXUALLY EXPLICIT DIGITAL ALTERATIONS
 
 SECTION 246.00 DEFINITIONS.
         246.05 UNLAWFUL  ACCESS  OF  A  SEXUALLY EXPLICIT DEPICTION OF A
                  CHILD.
         246.10 UNLAWFUL DISTRIBUTION OF A SEXUALLY EXPLICIT DEPICTION OF
                  A CHILD IN THE SECOND DEGREE.
         246.15 UNLAWFUL DISTRIBUTION OF A SEXUALLY EXPLICIT DEPICTION OF
                  A CHILD IN THE FIRST DEGREE.
         246.20 DISCLAIMERS.
         246.25 CONSENT.
         246.30 APPLICATION OF ARTICLE.
 § 246.00 DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
   1. "DISSEMINATE" AND "PUBLISH" SHALL HAVE THE SAME  MEANINGS  AS  SUCH
 TERMS ARE DEFINED IN SECTION 250.40 OF THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06263-01-5
 A. 8449                             2
              

 
   2.  "CREATE"  MEANS TO DESIGN, DEVELOP, DEVISE, GENERATE, ISSUE, MAKE,
 MANUFACTURE, PRODUCE, OR TRANSMUTE.
   3.  "SEXUALLY EXPLICIT DEPICTION" MEANS ANY WORK CREATED THROUGH SEXU-
 ALLY EXPLICIT DIGITIZATION, INCLUDING STILL AND AUDIO VISUAL DEPICTIONS.
   4. "SEXUALLY EXPLICIT DIGITIZATION" MEANS  A  REALISTIC  DEPICTION  OF
 EITHER:  (A) THE NUDE BODY PARTS OF ANOTHER HUMAN BEING AS THE NUDE BODY
 PARTS OF THE DEPICTED INDIVIDUAL OR COMPUTER-GENERATED NUDE  BODY  PARTS
 AS  THE  NUDE BODY PARTS OF THE DEPICTED INDIVIDUAL; OR (B) THE DEPICTED
 INDIVIDUAL ENGAGING IN SEXUAL CONDUCT, AS DEFINED BY  SUBDIVISION  THREE
 OF  SECTION 263.00 OF THIS PART, OR SEXUAL CONTACT, AS DEFINED BY SUBDI-
 VISION THREE OF SECTION 130.00 OF THIS PART, IN WHICH THE DEPICTED INDI-
 VIDUAL DID NOT ENGAGE.
   5. "AUDIO VISUAL" MEANS ANY FILM, MOTION PICTURE, AUDIO AND/OR  VISUAL
 RECORDING, DIGITAL IMAGE, COMPUTER IMAGE OR COMPUTER-GENERATED IMAGE.
   6.  "SEXUALLY  EXPLICIT  MATERIAL"  MEANS  ANY  PORTION  OF A SEXUALLY
 EXPLICIT DEPICTION THAT SHOWS THE  DEPICTED  INDIVIDUAL  PERFORMING,  OR
 APPEARING  TO PERFORM, IN THE NUDE, MEANING WITH AN UNCLOTHED OR EXPOSED
 INTIMATE PART, AS DEFINED IN SECTION 245.15 OF THIS TITLE, OR PERFORMING
 IN, APPEARING TO PERFORM IN, OR BEING SUBJECTED TO, SEXUAL  CONDUCT,  AS
 DEFINED  BY  SUBDIVISION THREE OF SECTION 263.00 OF THIS PART, OR SEXUAL
 CONTACT, AS DEFINED BY SUBDIVISION THREE OF SECTION 130.00 OF THIS PART.
   7. "DEPICTED INDIVIDUAL" MEANS AN IDENTIFIABLE PERSON WHO APPEARS,  AS
 A RESULT OF SEXUALLY EXPLICIT DIGITIZATION, TO BE ENGAGING IN CONDUCT IN
 WHICH  THE  IDENTIFIABLE  PERSON  DID NOT ACTUALLY ENGAGE IN OR THAT WAS
 ACTUALLY ENGAGED IN BY THE IDENTIFIABLE PERSON BUT THE DEPICTION OF  THE
 ACTUAL CONDUCT WAS SUBSEQUENTLY ALTERED TO BE IN VIOLATION OF THIS ARTI-
 CLE.
   8.  "IDENTIFIABLE  PERSON" MEANS AN INDIVIDUAL WHOSE IMAGE IS OR WOULD
 BE REASONABLY IDENTIFIABLE AS A SPECIFIC PERSON.    SUCH  IDENTIFICATION
 CAN  BE BASED UPON THE SEXUALLY EXPLICIT DEPICTION ITSELF OR FROM INFOR-
 MATION DISPLAYED IN CONNECTION WITH ANY SEXUALLY EXPLICIT DEPICTION.
   9. "INDIVIDUAL" MEANS A NATURAL, HUMAN BEING.
 § 246.05 UNLAWFUL ACCESS OF A SEXUALLY EXPLICIT DEPICTION OF A CHILD.
   A PERSON IS GUILTY OF UNLAWFUL ACCESS OF A SEXUALLY EXPLICIT DEPICTION
 OF A CHILD WHEN THE PERSON, KNOWING THE CHARACTER AND  CONTENT  THEREOF,
 KNOWINGLY ACCESSES ANY SEXUALLY EXPLICIT MATERIAL OF A DEPICTED INDIVID-
 UAL  WITH  THE  INTENT  TO VIEW AND SEXUALLY GRATIFY ANY PERSON AND SUCH
 PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE DEPICTED  INDIVID-
 UAL IS LESS THAN SEVENTEEN YEARS OF AGE.
   UNLAWFUL ACCESS OF A SEXUALLY EXPLICIT DEPICTION OF A CHILD IS A CLASS
 A MISDEMEANOR.
 § 246.10 UNLAWFUL  DISTRIBUTION  OF  A  SEXUALLY EXPLICIT DEPICTION OF A
            CHILD IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL DISTRIBUTION  OF  A  SEXUALLY  EXPLICIT
 DEPICTION  OF  A CHILD IN THE SECOND DEGREE WHEN THE PERSON, KNOWING THE
 CHARACTER  AND  CONTENT  THEREOF,  DISSEMINATES  OR  PUBLISHES  SEXUALLY
 EXPLICIT  MATERIAL  THAT INCLUDES A DEPICTED INDIVIDUAL, AND SUCH PERSON
 KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE  DEPICTED  INDIVIDUAL  IS
 LESS THAN SEVENTEEN YEARS OF AGE.
   UNLAWFUL  DISTRIBUTION  OF A SEXUALLY EXPLICIT DEPICTION OF A CHILD IN
 THE SECOND DEGREE IS A CLASS E FELONY.
 § 246.15 UNLAWFUL DISTRIBUTION OF A SEXUALLY  EXPLICIT  DEPICTION  OF  A
            CHILD IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF UNLAWFUL DISTRIBUTION OF A SEXUALLY EXPLICIT
 DEPICTION OF A CHILD IN THE FIRST DEGREE WHEN THE  PERSON,  KNOWING  THE
 CHARACTER  AND  CONTENT  THEREOF,  CREATES  AND  EITHER  DISSEMINATES OR
 A. 8449                             3
 
 PUBLISHES SEXUALLY EXPLICIT MATERIAL THAT INCLUDES A DEPICTED INDIVIDUAL
 AND SUCH DEPICTED INDIVIDUAL IS LESS THAN SEVENTEEN YEARS OF AGE.
   UNLAWFUL  DISTRIBUTION  OF A SEXUALLY EXPLICIT DEPICTION OF A CHILD IN
 THE FIRST DEGREE IS A CLASS D FELONY.
 § 246.20  DISCLAIMERS.
   IT SHALL NOT BE A DEFENSE UNDER THIS ARTICLE THAT:
   1. THERE IS A DISCLAIMER INCLUDED IN THE SEXUALLY  EXPLICIT  DEPICTION
 THAT  COMMUNICATES  THAT  THE  INCLUSION  OF THE DEPICTED INDIVIDUAL WAS
 UNAUTHORIZED, THAT THE DEPICTED INDIVIDUAL DID NOT  PARTICIPATE  IN  THE
 CREATION  OR DEVELOPMENT OF THE SEXUALLY EXPLICIT DEPICTION, OR THAT THE
 SEXUALLY EXPLICIT DEPICTION HAS BEEN ALTERED THROUGH DIGITIZATION; OR
   2. THE FEATURES OF THE DEPICTED INDIVIDUAL HAVE BEEN OR  WERE  ALTERED
 PRIOR  TO OR AFTER THE CREATION OR DISTRIBUTION OF THE SEXUALLY EXPLICIT
 MATERIAL, PROVIDED THAT THE DEPICTED INDIVIDUAL REMAINS AN  IDENTIFIABLE
 PERSON.
 § 246.25 CONSENT.
   A  PERSON  UNDER  EIGHTEEN YEARS OF AGE SHALL BE INCAPABLE OF CONSENT.
 NO ADULT CAN CONSENT ON BEHALF OF A PERSON UNDER EIGHTEEN YEARS OF AGE.
 § 246.30 APPLICATION OF ARTICLE.
   1. THIS ARTICLE SHALL NOT APPLY TO THE FOLLOWING:
   (A) THE REPORTING OF UNLAWFUL CONDUCT;
   (B) THE CREATION, DISSEMINATION, OR PUBLICATION OF A SEXUALLY EXPLICIT
 DEPICTION OF A DEPICTED INDIVIDUAL MADE FOR  LAW  ENFORCEMENT  PURPOSES,
 LEGAL PROCEEDINGS, OR LAWFUL MEDICAL TREATMENTS; OR
   (C) THE CREATION, DISSEMINATION, OR PUBLICATION OF A SEXUALLY EXPLICIT
 DEPICTION  MADE FOR A LEGITIMATE PUBLIC PURPOSE, INCLUDING FOR POLITICAL
 OR NEWSWORTHY VALUE OR SIMILAR WORK, COMMENTARY, CRITICISM,  OR  DISCLO-
 SURE THAT IS OTHERWISE PROTECTED BY THE CONSTITUTION OF THIS STATE OR OF
 THE UNITED STATES, PROVIDED THAT SEXUALLY EXPLICIT MATERIAL SHALL NOT BE
 CONSIDERED OF NEWSWORTHY VALUE SOLELY BECAUSE THE DEPICTED INDIVIDUAL IS
 A PUBLIC FIGURE.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE  PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   § 3. Paragraph (a) of subdivision 1 of section  245.15  of  the  penal
 law,  as  amended by chapter 513 of the laws of 2023, is amended to read
 as follows:
   (a) with intent to SEXUALLY GRATIFY THAT PERSON OR ANOTHER  PERSON  OR
 WITH  THE INTENT TO cause harm to the REPUTATION OR emotional, financial
 or physical welfare of another person, they intentionally disseminate or
 publish a still or video image depicting such other person with  one  or
 more  intimate  parts exposed or engaging in sexual conduct with another
 person, including an image created or  altered  by  digitization,  where
 such  person  may reasonably be identified from the still or video image
 itself or from information displayed in connection  with  the  still  or
 video image; and
   §  4.  Paragraph  (b)  of subdivision 1 of section 245.15 of the penal
 law, as amended by chapter 513 of the laws of 2023, is amended  to  read
 as follows:
   (b)  the  actor  knew  or reasonably should have known that the person
 depicted did not consent to such CREATION,  dissemination,  or  publica-
 tion,  including the CREATION, dissemination, or publication of an image
 taken with the consent of the person depicted when  such  person  had  a
 reasonable  expectation  that the image would remain private, regardless
 of whether the actor was present when such image was taken.
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   § 5. Subdivision 2 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (a-3) to read as follows:
   (A-3)  A  PROSECUTION FOR UNLAWFUL DISTRIBUTION OF A SEXUALLY EXPLICIT
 DEPICTION OF A CHILD MUST BE COMMENCED WITHIN FIVE YEARS AFTER THE PERI-
 OD SET FORTH IN PARAGRAPH (F) OF SUBDIVISION THREE OF THIS SECTION;
   § 6.  Paragraph (f) of subdivision 3 of section 30.10 of the  criminal
 procedure  law, as amended by chapter 11 of the laws of 2019, is amended
 to read as follows:
   (f) For purposes of  a  prosecution  involving  a  sexual  offense  as
 defined  in  article  one  hundred thirty of the penal law, other than a
 sexual offense delineated in paragraph (a) of subdivision  two  of  this
 section,  committed  against  a  child  less than eighteen years of age,
 incest in the first, second or  third  degree  as  defined  in  sections
 255.27,  255.26  and  255.25  of the penal law committed against a child
 less than eighteen years of age,  [or]  use  of  a  child  in  a  sexual
 performance  as  defined in section 263.05 of the penal law, OR UNLAWFUL
 DISTRIBUTION OF A SEXUALLY EXPLICIT DEPICTION OF A CHILD  IN  THE  FIRST
 DEGREE  OR SECOND DEGREE AS DEFINED IN SECTIONS 246.10 AND 246.15 OF THE
 PENAL LAW, the period of limitation shall not begin  to  run  until  the
 child  has reached the age of twenty-three or the offense is reported to
 a law enforcement agency or statewide central register  of  child  abuse
 and maltreatment, whichever occurs earlier.
   §  7. Paragraph (e) of subdivision 4 of section 510.10 of the criminal
 procedure law, as amended by section 2 of part UU of chapter 56  of  the
 laws of 2020, is amended to read as follows:
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law, or a crime involving incest as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law, OR A FELONY DEFINED IN ARTICLE  TWO  HUNDRED
 FORTY-SIX OF SUCH LAW;
   §  8.  Subparagraph  (v)  of paragraph (b) of subdivision 1 of section
 530.20 of the criminal procedure law, as amended by section 3 of part UU
 of chapter 56 of the laws of 2020, is amended to read as follows:
   (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law  or  a  crime  involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred  thirty  of such law, OR A FELONY DEFINED IN ARTICLE TWO HUNDRED
 FORTY-SIX OF SUCH LAW;
   § 9. Paragraph (m) of subdivision 4 of section 530.40 of the  criminal
 procedure  law,  as  added  by section 4 of part UU of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (m) assault in the third degree as defined in section  120.00  of  the
 penal  law  or arson in the third degree as defined in section 150.10 of
 the penal law, when such crime is charged as a hate crime as defined  in
 section  485.05  of  the  penal  law, OR A FELONY DEFINED IN ARTICLE TWO
 HUNDRED FORTY-SIX OF THE PENAL LAW;
   § 10.  Subparagraph (i) of paragraph (a) of subdivision 2  of  section
 168-a  of  the  correction  law, as amended by chapter 23 of the laws of
 2024, is amended to read as follows:
   (i) a conviction of or a conviction for an attempt to  commit  any  of
 the  provisions  of  sections  120.70,  130.20,  130.25,  130.30, former
 section  130.40,  former  section  130.45,  sections   130.60,   230.34,
 230.34-a,  250.50,  255.25,  255.26  [and], 255.27, 246.10 AND 246.15 or
 article two hundred sixty-three of the penal  law,  or  section  135.05,
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 135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
 provided the victim of such kidnapping or related offense is  less  than
 seventeen years old and the offender is not the parent of the victim, or
 section  230.04, where the person patronized is in fact less than seven-
 teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
 two  of  section  230.30, section 230.32, 230.33, or 230.34 of the penal
 law, or section 230.25 of the penal law where the person prostituted  is
 in fact less than seventeen years old, or
   §  11. Severability. If any provision of this article, or any applica-
 tion of any provision of this article, is held to be invalid, that shall
 not affect the validity or effectiveness of any other provision of  this
 act, or of any other application of any provision of this act, which can
 be  given effect without that provision or application; and to that end,
 the provisions and applications of this act are severable.
   § 12. This act shall take effect immediately.