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Senate Bill S1822A

2025-2026 Legislative Session

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

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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Bill Amendments

2025-S1822 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §245.15, Pen L; amd §52-b, Civ Rts L
Versions Introduced in 2023-2024 Legislative Session:
S4441

2025-S1822 - Summary

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

2025-S1822 - Sponsor Memo

2025-S1822 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1822
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 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.
                                                            LBD01205-01-5

2025-S1822A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §245.15, Pen L; amd §52-b, Civ Rts L
Versions Introduced in 2023-2024 Legislative Session:
S4441

2025-S1822A (ACTIVE) - Summary

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

2025-S1822A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1822--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed to the Committee on Codes -- recommitted to
   the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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,  WHERE
 THE  PROSECUTION  HAS ESTABLISHED BEYOND A REASONABLE DOUBT THAT, AT THE
 TIME OF DISSEMINATION, THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT  THE
 SUBJECT OF THE IMAGE HAD A REASONABLE EXPECTATION OF PRIVACY AND DID NOT
 CONSENT TO THE RELEASE OF SUCH IMAGE.
   §  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,  WHERE
 THE  PLAINTIFF  HAS ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE THAT,
 AT THE TIME OF DISSEMINATION, THE DEFENDANT KNEW OR  SHOULD  HAVE  KNOWN
 THAT  THE  SUBJECT  OF THE IMAGE HAD A REASONABLE EXPECTATION OF PRIVACY
 AND DID NOT CONSENT TO THE RELEASE OF SUCH IMAGE.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01205-03-6

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