NY State Senate Bill 2025-S3174

Senate Bill S3174

2025-2026 Legislative Session

Excludes certain actions or omissions from qualifying as unlawful dissemination or publication of an intimate image when such actions are in connection with the reporting of or investigation into unlawful conduct

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2025	referred to codes

2025-S3174 (ACTIVE) - Details

See Assembly Version of this Bill:: A3997
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §245.15, Pen L

2025-S3174 (ACTIVE) - Summary

Excludes certain actions or omissions from qualifying as unlawful dissemination or publication of an intimate image when such actions or omissions are in connection with the reporting of or investigation into potentially unlawful conduct.

2025-S3174 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3174

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the penal law, in relation to excluding certain actions
or omissions from qualifying as unlawful dissemination or publication of
an intimate image when such actions or omissions are in connection with
the reporting of or investigation into potentially unlawful conduct

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve the ability of private entities to report AI generated child
sexual abuse material to law enforcement

 
SUMMARY OF PROVISIONS:

Section one: Provides a short title

Section two: Provides safe harbor to private entities to engage in
actions connected to reporting illegal, AI-generated CSAM to taw
enforcement

Section three: Specifies the effective date.

 
JUSTIFICATION:

As Artificial intelligence models get increasingly powerful, ensuring
that their worst tendencies are regulated is a common goal across all of
society. Easily one of the worst outcomes AI models have been able to
generate, and one to be taken extremely seriously, are sexually explicit
images of children. These AI images, trained on real Child Sexual Abuse
Material (CSAM) are beyond horrific and we have a duty to ensure they
are not created or distributed.

New York recognized this last year by passing- unanimously in both cham-
bers - a bill that added AI generated CSAM into the existing CSAM
prevention framework, becoming one of the first states in the nation to
do so. This bill adds to that landmark legislation, allowing for more
robust reporting of AI generated CSAM to law enforcement.

Artificial intelligence companies, as the entities most thoroughly
acquainted with their own models, are often in a position to tell law
enforcement about CSAM being created or shared on their own platform.
As a practical matter, these companies frequently identify and report
this kind of illicit activity already. This bill extends the liability
protection for anyone working to provide law enforcement with the rele-
vant information to protect New York's children. It's important to
recognize that the details in any (lability shield are crucial, so this
legislation provides an extremely limited framework that only allows for
increased proactive cooperation with law enforcement.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2025-S3174 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3174
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to excluding certain  actions
   or  omissions from qualifying as unlawful dissemination or publication
   of an intimate image when such actions or omissions are in  connection
   with  the  reporting  of  or  investigation  into potentially unlawful
   conduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    This  act shall be known and may be cited as the "child
 sexual abuse material prevention act".
   § 2. Paragraph (a) of subdivision 3 of section  245.15  of  the  penal
 law,  as added by chapter 109 of the laws of 2019, is amended to read as
 follows:
   (a) ACTIONS OR OMISSIONS IN  CONNECTION  WITH  the  reporting  of,  OR
 INVESTIGATIONS  INTO, POTENTIALLY unlawful conduct IN COLLABORATION WITH
 LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT  OR  THE  NATIONAL  CENTER  FOR
 MISSING AND EXPLOITED CHILDREN; INCLUDING, BUT NOT LIMITED TO, VOLUNTARY
 REPORTING,  COOPERATION, OR ACTIONS DESIGNED TO PREVENT, IDENTIFY, CLAS-
 SIFY, MONITOR, MITIGATE, OR REPORT PROHIBITED IMAGES  OR  CONDUCT  UNDER
 THIS SECTION;
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04312-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.