Senate Bill S10676

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10676
 
                             I N  S E N A T E
 
                              August 10, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   nudification  technology;  and  to  amend  the  state  finance law, in
   relation  to  establishing  the  nudification  prohibition  recoveries
   services fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 44-C to read as follows:
                                ARTICLE 44-C
                          NUDIFICATION TECHNOLOGY
 SECTION 1430. DEFINITIONS.
         1431. PROHIBITION ON NUDIFICATION TECHNOLOGY.
         1432. REMEDIES.
         1433. SCOPE.
   § 1430. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "IDENTIFIABLE INDIVIDUAL" SHALL MEAN A PERSON WHO MAY REASONABLY BE
 IDENTIFIED  FROM A STILL OR VIDEO IMAGE OR FROM INFORMATION DISPLAYED IN
 CONNECTION WITH A STILL OR VIDEO IMAGE;
   2. "INTIMATE PART" SHALL HAVE THE SAME MEANING AS IN PARAGRAPH (A)  OF
 SUBDIVISION TWO OF SECTION 245.15 OF THE PENAL LAW;
   3. "NUDIFY" OR "NUDIFIED" MEANS THE PROCESS BY WHICH:
   (A)  A STILL OR VIDEO IMAGE IS GENERATED OR ALTERED TO DEPICT AN INTI-
 MATE PART NOT DEPICTED IN AN ORIGINAL UNALTERED STILL OR VIDEO IMAGE  OF
 AN IDENTIFIABLE INDIVIDUAL; AND
   (B)  SUCH  GENERATED  OR  ALTERED STILL OR VIDEO IMAGE IS SUFFICIENTLY
 REALISTIC THAT A REASONABLE  PERSON  WOULD  BELIEVE  THE  INTIMATE  PART
 BELONGS TO THE IDENTIFIABLE INDIVIDUAL.
   4.  "TECHNICAL  SKILL" MEANS SUBSTANTIAL APPLICATION OF INDIVIDUALIZED
 TECHNOLOGICAL OR ARTISTIC SKILL AND  JUDGMENT  BY  A  HUMAN  CREATOR  IN
 DIRECTING, SHAPING, OR CONTROLLING AN OUTPUT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16267-01-6
              

 S. 10676                            2
 
   5.  "OPERATOR"  MEANS  A  PERSON,  BUSINESS OR OTHER LEGAL ENTITY THAT
 OWNS, CONTROLS, OR OPERATES A WEBSITE, APPLICATION,  SOFTWARE,  PROGRAM,
 OR SERVICE THAT CAN NUDIFY A STILL OR VIDEO IMAGE.
   6.  "USER"  SHALL  MEAN  A  USER  OF A WEBSITE, APPLICATION, SOFTWARE,
 PROGRAM, OR SERVICE THAT CAN NUDIFY A STILL OR VIDEO IMAGE NOT ACTING AS
 AN OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR,  OF  SUCH  WEBSITE,
 APPLICATION, SOFTWARE, PROGRAM OR SERVICE OR ANY PORTION THEREOF.
   § 1431. PROHIBITION ON NUDIFICATION TECHNOLOGY. 1. NO OPERATOR SHALL:
   (A)  ALLOW A USER TO ACCESS, DOWNLOAD, OR USE SUCH OPERATOR'S WEBSITE,
 APPLICATION, SOFTWARE, PROGRAM OR SERVICE TO NUDIFY  A  STILL  OR  VIDEO
 IMAGE; OR
   (B) NUDIFY A STILL OR VIDEO IMAGE ON BEHALF OF A USER.
   2.  NO  PERSON  SHALL  ADVERTISE  OR PROMOTE ANY WEBSITE, APPLICATION,
 SOFTWARE, PROGRAM, OR SERVICE THAT PERFORMS  THE  ACTIONS  DESCRIBED  IN
 SUBDIVISION ONE OF THIS SECTION.
   3.  THE PROHIBITIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL
 NOT APPLY WHEN THE WEBSITE, APPLICATION, SOFTWARE, PROGRAM,  OR  SERVICE
 REQUIRES THE TECHNICAL SKILL OF A USER TO NUDIFY AN IMAGE OR VIDEO.
   §  1432. REMEDIES. 1. AN INDIVIDUAL DEPICTED IN A STILL OR VIDEO IMAGE
 THAT HAS BEEN NUDIFIED IN VIOLATION OF SECTION FOURTEEN HUNDRED  THIRTY-
 ONE OF THIS ARTICLE MAY BRING A CIVIL ACTION AGAINST THE PERSON OR OPER-
 ATOR WHO VIOLATED SUCH SECTION FOR:
   (A) COMPENSATORY DAMAGES, INCLUDING MENTAL ANGUISH OR SUFFERING, IN AN
 AMOUNT UP TO THREE TIMES THE ACTUAL DAMAGES SUSTAINED;
   (B) PUNITIVE DAMAGES;
   (C) INJUNCTIVE RELIEF;
   (D) REASONABLE ATTORNEYS' FEES, COSTS, AND DISBURSEMENTS; AND
   (E) SUCH OTHER RELIEF THE COURT DEEMS JUST AND EQUITABLE.
   2.  IN ADDITION TO ANY OTHER REMEDIES OR PENALTIES, A PERSON OR OPERA-
 TOR WHO VIOLATES SECTION FOURTEEN HUNDRED  THIRTY-ONE  OF  THIS  ARTICLE
 SHALL  BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED THOUSAND
 DOLLARS FOR EACH UNLAWFUL ACCESS, DOWNLOAD, OR USE  OF  STILL  OR  VIDEO
 IMAGES  GENERATED  OR  ALTERED  IN VIOLATION OF SECTION FOURTEEN HUNDRED
 THIRTY-ONE OF THIS ARTICLE.
   3. WHENEVER IT APPEARS TO THE  ATTORNEY  GENERAL,  UPON  COMPLAINT  OR
 OTHERWISE,  THAT ANY PERSON HAS VIOLATED THE PROVISIONS OF THIS ARTICLE,
 THE ATTORNEY GENERAL MAY BRING AN ACTION OR SPECIAL  PROCEEDING  IN  THE
 NAME  AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN ANY
 SUCH VIOLATION, TO OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT  OF
 ANY  PROFITS  OR  GAINS  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY ANY SUCH
 VIOLATION, TO OBTAIN DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY  ANY  SUCH
 VIOLATION,  TO  OBTAIN  CIVIL  PENALTIES  OF UP TO FIVE HUNDRED THOUSAND
 DOLLARS FOR EACH UNLAWFUL ACCESS, DOWNLOAD, OR USE  OF  STILL  OR  VIDEO
 IMAGES  GENERATED  OR  ALTERED  IN VIOLATION OF SECTION FOURTEEN HUNDRED
 THIRTY-ONE OF THIS ARTICLE, AND TO OBTAIN ANY  SUCH  OTHER  AND  FURTHER
 RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
   4.  ANY  CIVIL PENALTY RECOVERED BY THE STATE PURSUANT TO THIS ARTICLE
 SHALL BE DEPOSITED INTO THE NUDIFICATION PROHIBITION RECOVERIES SERVICES
 FUND ESTABLISHED PURSUANT TO SECTION 99-UU OF THE STATE FINANCE  LAW  TO
 BE USED FOR THE PURPOSES THEREIN.
   § 1433. SCOPE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR
 TO  ENLARGE,  THE PROTECTIONS THAT 47 U.S.C § 230 CONFERS ON AN INTERAC-
 TIVE COMPUTER  SERVICE  FOR  CONTENT  PROVIDED  BY  ANOTHER  INFORMATION
 CONTENT PROVIDER, AS SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
 S. 10676                            3
 
   § 2. The state finance law is amended by adding a new section 99-uu to
 read as follows:
   §  99-UU.  NUDIFICATION PROHIBITION RECOVERIES SERVICES FUND. 1. THERE
 IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER  AND
 THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  A FUND TO BE KNOWN AS THE
 "NUDIFICATION PROHIBITION RECOVERIES SERVICES FUND".
   2.  MONEYS  ALLOCATED  TO  THE  NUDIFICATION  PROHIBITION   RECOVERIES
 SERVICES  FUND  SHALL  BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH
 ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER.
   3. SUCH FUND SHALL CONSIST OF ALL FINES AND  CIVIL  PENALTIES  IMPOSED
 PURSUANT  TO SECTION FOURTEEN HUNDRED THIRTY-TWO OF THE GENERAL BUSINESS
 LAW AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS
 SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS
 FOR  THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
 THEM INTO THE FUND ACCORDING TO LAW. ANY INTEREST RECEIVED BY THE  COMP-
 TROLLER  ON  MONEYS  ON  DEPOSIT  IN  SUCH FUND SHALL BE RETAINED IN AND
 BECOME PART OF SUCH FUND.
   4. MONEYS OF THE FUND SHALL BE EXPENDED  ONLY  TO  PROVIDE  GRANTS  TO
 SUPPORT  THE  DIRECT  NEEDS  OF  VICTIMS  OF  SEXUAL  ASSAULT,  DOMESTIC
 VIOLENCE, AND CHILD ABUSE. SUCH GRANTS MAY PROVIDE:
   (A) DIRECT ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT, DOMESTIC VIOLENCE,
 OR CHILD ABUSE;
   (B) SERVICES INCLUDING HOUSING, MENTAL AND BEHAVIORAL HEALTH  SUPPORT,
 OR OTHER SUPPORTIVE SERVICES;
   (C) PREVENTION AND AWARENESS PROGRAMMING; AND
   (D)  SUPPORT  FOR  DIRECT  SERVICE WORKERS ASSISTING VICTIMS OF SEXUAL
 ASSAULT, DOMESTIC VIOLENCE, OR CHILD ABUSE.
   5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR
 OF THE OFFICE OF VICTIM SERVICES, THE EXECUTIVE DIRECTOR OF THE NEW YORK
 STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, OR THE COMMISSION-
 ER OF CRIMINAL JUSTICE SERVICES.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.