NY State Senate Bill 2025-S7202A

Senate Bill S7202A

2025-2026 Legislative Session

Establishes the crimes of unlawful dissemination or publication of intimate images in the first, second, and third degree; repealer

download bill text pdf

Current Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2025	referred to codes delivered to assembly passed senate
Jun 09, 2025	amended on third reading 7202a
May 07, 2025	advanced to third reading
May 06, 2025	2nd report cal.
May 05, 2025	1st report cal.918
Apr 03, 2025	referred to codes

Votes

- Jun 12, 2025 - Floor Vote
  S7202A
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2025
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (4)
      
      Murray
      
      Myrie
      
      Ramos
      
      Sutton
      
      The following Member(s) participated via videoconferencing: Brouk
  May 5, 2025 - Codes Committee Vote
  S7202A
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 5, 2025
      
      aye (11)
      
      Bailey
      
      Cooney
      
      Gallivan
      
      Gounardes
      
      Kavanagh
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Persaud
      
      Sepúlveda
      
      aye wr (2)
      
      Brisport
      
      Salazar

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2025-S7202 - Details

See Assembly Version of this Bill:: A7855
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Rpld §245.15, add §§245.15 - 245.18, Pen L; amd §30.10, CP L

2025-S7202 - Summary

Establishes the crimes of unlawful dissemination or publication of intimate images in the first, second, and third degree; defines terms and clarifies application of provisions relating to such crimes; extends the statute of limitations for such crimes; repeals provisions relating thereto.

2025-S7202 - Sponsor Memo

                                 
BILL NUMBER: S7202

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing crimes for
the unlawful dissemination or publication of an intimate image; to amend
the criminal procedure law, in relation to the statute of limitations
for commencing cases related to the unlawful dissemination or publica-
tion of an intimate image; and to repeal section 245.15 of the penal law
relating to the unlawful dissemination or publication of an intimate
image

 
PURPOSE:

Updates the penal law and criminal procedure law relating to nonconsen-
sual image sharing

 
SUMMARY OF PROVISIONS:

Section 1 - repeals and reorganizes penal law section 245.15 governing
the crime of unlawful dissemination or publication of an intimate image,

and adds new sections 245.16, 245.17, and 245.18 enumerating degrees of
such crime, as follows:

245.15 subdivision 1 - Renumbers but substantively maintains existing
definitions of "intimate part," "disseminate" and "publish," "sexual
conduct," and "digitization."

245.15 subdivision 2 (a) - Renumbers but substantively maintains exist-
ing exemptions from this section, except for removing an exemption for
images involving voluntary exposure in a commercial setting.

245.15 subdivision 2 (b) - Renumbers but substantively maintains federal
code cross-reference.

245.15 subdivision 2 (c) - Adds new language that dissemination of
multiple images of the same individual as part of a common act shall be
considered a single offense.

245.15 subdivision 2 (d) - Adds new language that violations shall be
deemed to be committed within the state if any element of the offense
occurs in the state, and that prosecution may be in any jurisdiction in
which the offense was committed or victim resides.

245.16 - Creates the crime of unlawful dissemination or publication of
an intimate image in the third degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license. (Class A misdemeanor)

245.17 - Creates the crime of unlawful dissemination or publication of
an intimate image in the second degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license, and the person sharing
the image has previously been convicted of such crime in the third
degree, or commits such crime with intent to cause harm the emotional,
financial, or physical welfare or the person depicted. (Class E felony;
under current law Class A misdemeanor.)

245.18 - Creates the crime of unlawful dissemination or publication of
an intimate image in the first degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license, and the person sharing
the image has previously been convicted of such crime in the second
degree, or the person depicted was targeted due to their race, religion,
gender, sexual orientation, or other protected category.  (Class D felo-
ny.)

Section 2 - Amends subdivision 3 of section 30.10 of criminal procedure
law to add timelines for prosecutions of the crime of unlawful dissem-
ination or publication of an intimate image as follows:

30.10 (3) (i) - Prosecutions for such crime in the third degree must be
commenced within five years of the commission of the crime, or three
years after the aggrieved party should have discovered such crime in the
exercise of reasonable diligence, whichever is later.

30.10 (3) (ii) - Prosecutions for such crime in the first or second
degree must be commenced within seven years of the commission of the
crime, or three years after the aggrieved party should have discovered
such crime in the exercise of reasonable diligence, whichever is later.

Section 3 - Effective date

 
JUSTIFICATION:

The current state of online gender-based and sexual violence reveals a
troubling reality: women and girls are disproportionately targeted for
harassment and abuse. According to the White House Gender Policy Coun-
cil, about 85% of women and girls globally have experienced online
harassment, with 1 in 3 facing sexual harassment or stalking.

These acts are serious crimes that cause profound harm. A 2015 United
Nations report found that cyber violence is as damaging to women as
physical violence, and Amnesty International classifies online harass-
ment as a human rights issue. Online sexual violence frequently also
involves targeting of victims on the basis of sexual orientation, race,
or other identities.

Online sexual violence silences victims, driving them away from essen-
tial social and professional platforms. The psychological impact is
severe-90% suffer from mental health issues, and 50% contemplate
suicide. Victims often face doxxing, stalking, and threats, leading to
job losses and financial instability that impact entire communities.

The weaponization of images against women constitutes organized systemic
violence. It is essential to update penal law to deter the lasting harm
caused by such action and we must create avenues for victims to seek
justice and hold their abusers accountable.

New York has been a leader in protecting against online sexual violence.
Penal Law currently makes it a misdemeanor to distribute intimate images
without the consent of the individual depicted and with intent to cause
harm to that individual. Unfortunately, the high legal threshold of
proving intent to cause harm combined with the relatively low penalty
creates difficulty and disincentive to actually prosecute such abuses.

This legislation will strengthen the current law by shifting to a misde-
meanor structure for nonconsensual sharing of intimate images without
intent to harm but in which the sharer knew or should have known the
person depicted did not consent; and upgrading the potential charge to a
felony for cases in which the sharer did intend harm. The bill also
increases penalties when the victim is targeted on the basis of gender,
race, sexual orientation, religion, or membership in other protected
classes.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
60th day after it shall have become a law

2025-S7202 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7202
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2025
                                ___________
 
 Introduced  by Sens. HINCHEY, GOUNARDES -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to  establishing  crimes  for
   the  unlawful  dissemination  or  publication of an intimate image; to
   amend the criminal procedure law, in relation to the statute of  limi-
   tations  for commencing cases related to the unlawful dissemination or
   publication of an intimate image; and to repeal section 245.15 of  the
   penal  law relating to 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 REPEALED and four new
 sections 245.15, 245.16, 245.17 and 245.18 are added to read as follows:
 § 245.15 UNLAWFUL DISSEMINATION OR PUBLICATION  OF  AN  INTIMATE  IMAGE;
            DEFINITIONS, APPLICATION.
   1.  THE  FOLLOWING DEFINITIONS SHALL APPLY TO SECTIONS 245.16, 245.17,
 AND 245.18 OF THIS ARTICLE:
   (A) "INTIMATE PART" MEANS THE NAKED  GENITALS,  PUBIC  AREA,  ANUS  OR
 FEMALE NIPPLE OF THE PERSON;
   (B) "DISSEMINATE" AND "PUBLISH" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION 250.40 OF THIS TITLE;
   (C)  "SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDI-
 VISION TEN OF SECTION 130.00 OF THIS PART; AND
   (D) "DIGITIZATION" SHALL MEAN TO ALTER AN IMAGE IN A REALISTIC  MANNER
 UTILIZING  AN  IMAGE  OR  IMAGES  OF  A  PERSON,  OTHER  THAN THE PERSON
 DEPICTED, OR COMPUTER-GENERATED IMAGES.
   2. THE FOLLOWING PROVISIONS SHALL APPLY TO  SECTIONS  245.16,  245.17,
 AND 245.18 OF THIS ARTICLE:
   (A)  THE  PROVISIONS  OF SECTIONS 245.16, 245.17, AND 245.18 SHALL NOT
 APPLY TO THE FOLLOWING:
   (I) THE REPORTING OF UNLAWFUL CONDUCT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11497-02-5

 S. 7202                             2
 
   (II) THE DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE MADE IN THE
 COURSE OF OFFICIAL LAW ENFORCEMENT DUTIES, LEGAL PROCEEDINGS OR CRIMINAL
 PROSECUTION, OR MEDICAL TREATMENT;
   (III) IMAGES INVOLVING VOLUNTARY EXPOSURE IN A PUBLIC SETTING; OR
   (IV)  DISSEMINATION  OR  PUBLICATION  OF  AN INTIMATE IMAGE MADE FOR A
 LEGITIMATE PUBLIC PURPOSE.
   (B) NOTHING IN SECTION 245.16, 245.17, OR 245.18 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.
   (C)  DISSEMINATION  OF MULTIPLE INTIMATE IMAGES OF THE SAME INDIVIDUAL
 AS PART OF A COMMON ACT SHALL BE CONSIDERED A SINGLE OFFENSE.
   (D) (I) A VIOLATION OF SECTION 245.16,  245.17,  OR  245.18  SHALL  BE
 DEEMED  TO  BE  COMMITTED  WITHIN  THE  STATE  IF ANY CONDUCT THAT IS AN
 ELEMENT OF THE OFFENSE OCCURS WITHIN THE STATE.
   (II) PROSECUTION FOR A VIOLATION OF SECTION 245.16, 245.17, OR  245.18
 MAY  BE  HAD IN ANY JURISDICTION IN WHICH THE OFFENSE WAS COMMITTED OR A
 VICTIM RESIDES.
 § 245.16 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE  IMAGE  IN
            THE THIRD DEGREE.
   A  PERSON  IS  GUILTY  OF  UNLAWFUL DISSEMINATION OR PUBLICATION OF AN
 INTIMATE IMAGE IN THE THIRD DEGREE WHEN SUCH PERSON:
   1. INTENTIONALLY DISSEMINATES OR PUBLISHES  A  STILL  OR  VIDEO  IMAGE
 DEPICTING  ANOTHER  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 DEPICTED MAY
 REASONABLY BE IDENTIFIED FROM THE STILL OR VIDEO IMAGE  ITSELF  OR  FROM
 INFORMATION DISPLAYED IN CONNECTION WITH THE STILL OR VIDEO IMAGE; AND
   2.  KNEW  OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON DEPICTED DID
 NOT CONSENT TO OR LICENSE SUCH DISSEMINATION OR  PUBLICATION,  INCLUDING
 THE  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.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  AN  INTIMATE  IMAGE  IN  THE
 THIRD DEGREE IS A CLASS A MISDEMEANOR.
 § 245.17 UNLAWFUL  DISSEMINATION  OR PUBLICATION OF AN INTIMATE IMAGE IN
            THE SECOND DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN
 INTIMATE  IMAGE  IN THE SECOND DEGREE WHEN SUCH PERSON COMMITS THE CRIME
 OF UNLAWFUL DISSEMINATION OR PUBLICATION OF AN  INTIMATE  IMAGE  IN  THE
 THIRD DEGREE AND:
   1. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF UNLAWFUL DISSEMINATION
 OR PUBLICATION OF AN INTIMATE IMAGE IN THE THIRD DEGREE; OR
   2.  SUCH  PERSON  COMMITS  SUCH CRIME WITH INTENT TO CAUSE HARM TO THE
 EMOTIONAL, FINANCIAL OR PHYSICAL WELFARE OF THE PERSON DEPICTED  IN  THE
 INTIMATE IMAGE OR SECURES PECUNIARY GAIN FROM THE UNLAWFUL DISSEMINATION
 OR PUBLICATION OF THE INTIMATE IMAGE.
   UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN INTIMATE IMAGE IN THE
 SECOND DEGREE IS A CLASS E FELONY.
 § 245.18 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE  IMAGE  IN
            THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF  UNLAWFUL DISSEMINATION OR PUBLICATION OF AN
 INTIMATE IMAGE IN THE FIRST DEGREE WHEN SUCH PERSON COMMITS THE CRIME OF
 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE IN THE  THIRD
 DEGREE AND:
 S. 7202                             3
 
   1.  SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF UNLAWFUL
 DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE IN THE  SECOND  DEGREE
 AS DEFINED IN SUBDIVISION ONE OF SECTION 245.17 OF THIS ARTICLE; OR
   2. SUCH PERSON COMMITS THE CRIME OF UNLAWFUL DISSEMINATION OR PUBLICA-
 TION OF AN INTIMATE IMAGE IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
 TWO  OF  SECTION  245.17 OF THIS ARTICLE AND THE PERSON AGAINST WHOM THE
 OFFENSE IS COMMITTED IS TARGETED DUE TO SUCH  PERSON'S  RACE,  RELIGIOUS
 CONVICTION,  GENDER,  DISABILITY,  GENDER  IDENTITY, SEXUAL ORIENTATION,
 COLOR, OR ETHNIC OR NATIONAL ORIGIN.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  AN  INTIMATE  IMAGE  IN  THE
 FIRST DEGREE IS A CLASS D FELONY.
   §  2.  Subdivision 3 of section 30.10 of the criminal procedure law is
 amended by adding two new paragraphs (i) and (j) to read as follows:
   (I) A PROSECUTION FOR UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN
 INTIMATE  IMAGE  IN THE THIRD DEGREE AS DEFINED IN SECTION 245.16 OF THE
 PENAL LAW MUST BE COMMENCED WITHIN FIVE YEARS OF THE COMMISSION  OF  THE
 CRIME,  OR,  IN THE EXERCISE OF REASONABLE DILIGENCE, WITHIN THREE YEARS
 AFTER THE AGGRIEVED PARTY SHOULD HAVE DISCOVERED  THE  UNLAWFUL  DISSEM-
 INATION OR PUBLICATION OF AN INTIMATE IMAGE, WHICHEVER IS LATER.
   (J)  A  PROSECUTION  FOR  UNLAWFUL  DISSEMINATION OR PUBLICATION OF AN
 INTIMATE IMAGE IN THE FIRST OR SECOND  DEGREE  AS  DEFINED  IN  SECTIONS
 245.16  AND 245.17 OF THE PENAL LAW MUST BE COMMENCED WITHIN SEVEN YEARS
 OF THE COMMISSION OF THE CRIME, OR, IN THE EXERCISE OF REASONABLE  DILI-
 GENCE,  WITHIN THREE YEARS AFTER THE AGGRIEVED PARTY SHOULD HAVE DISCOV-
 ERED THE UNLAWFUL DISSEMINATION OR PUBLICATION  OF  AN  INTIMATE  IMAGE,
 WHICHEVER IS LATER.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2025-S7202A (ACTIVE) - Details

See Assembly Version of this Bill:: A7855
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Rpld §245.15, add §§245.15 - 245.18, Pen L; amd §30.10, CP L

2025-S7202A (ACTIVE) - Summary

2025-S7202A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7202A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing crimes for
the unlawful dissemination or publication of an intimate image; to amend
the criminal procedure law, in relation to the statute of limitations
for commencing cases related to the unlawful dissemination or publica-
tion of an intimate image; and to repeal section 245.15 of the penal law
relating to the unlawful dissemination or publication of an intimate
image

 
PURPOSE::

Updates the penal law and criminal procedure law relating to nonconsen-
sual image sharing

 
SUMMARY OF PROVISIONS::

Section 1 - repeals and restructures penal law section 245.15 governing
the crime of unlawful dissemination or publication of an intimate image,

including enacting a new section 245.15 that maintains definitions from
existing law except for adding a definition of "person" and providing
that the crimes enumerated under this law shall apply to images involv-
ing voluntary exposure in a commercial setting. (Currently such images
are exempted.)

Section 1 further creates new sections 245.16, 245.17, and 245.18, as
follows:

245.16 - Creates the crime of unlawful dissemination or publication of
an intimate image in the third degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license. (Class A misdemeanor.)

245.17 - Creates the crime of unlawful dissemination or publication of
an intimate image in the second degree, when a person over 18 inten-
tionally shares an intimate image they knew or reasonably should have
known the person depicted did not consent to or license, and the person
sharing the image has previously been convicted of such crime in the
third degree, or commits such crime with intent to cause economic, phys-
ical, or substantial emotional harm to the person depicted. (Class E
felony; under current law Class A misdemeanor.)

245.18 -Creates the crime of unlawful dissemination or publication of an
intimate image in the first degree, when a person over 18 intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license, and the person sharing
the image has previously been convicted of such crime in the second
degree, or the person depicted was targeted due to their race, religion,
gender, sexual orientation, or other protected category. (Class D felo-
ny.)

Section 2 - Amends subdivision 3 of section 30.10 of criminal procedure
law to add timelines for prosecutions of the crime of unlawful dissem-
ination or publication of an intimate image as follows:


30.10 (3) (i) - Prosecutions for such crime in the third degree must be
commenced within five years of the commission of the crime.

30.10 (3) (ii) - Prosecutions for such crime in the first or second
degree must be commenced within seven years of the commission of the
crime, or three years after the aggrieved party should have discovered
such crime in the exercise of reasonable diligence, whichever is later.

Section 3 - Effective date

 
JUSTIFICATION::

The current state of online gender-based and sexual violence reveals a
troubling reality: women and girls are disproportionately targeted for
harassment and abuse. According to the White House Gender Policy Coun-
cil, about 85% of women and girls globally have experienced online
harassment, with 1 in 3 facing sexual harassment or stalking.

These acts are serious crimes that cause profound harm. A2015 United
Nations report found that cyber violence is as damaging to women as
physical violence, and Amnesty International classifies online harass-
ment as a human rights issue. Online sexual violence frequently also
involves targeting of victims on the basis of sexual orientation, race,
or other identities.

Online sexualviolence silences victims, driving them away from essential
social and professional platforms. The psychological impact is severe-
90% suffer from mental health issues, and 50% contemplate suicide.
Victims often face doxxing, stalking, and threats, leading to job losses
and financial instability that impact entire communities.

The weaponization of images against women constitutes organized systemic
violence. It is essential to update penal law to deter the lasting harm
caused by such action and we must create avenues for victims to seek
justice and hold their abusers accountable.

New York has been a leader in protecting against online sexual violence.
Penal Law currently makes it a misdemeanor to distribute intimate images
without the consent of the individual depicted and with intent to cause
harm to that individual. Unfortunately, the high legal threshold of
proving intent to cause harm combined with the relatively low penalty
creates difficulty and disincentive to actually prosecute such abuses.

This legislation will strengthen the current law by shifting to a misde-
meanor structure for nonconsensual sharing of intimate images without
intent to harm but in which the sharer knew or should have known the
person depicted did not consent; and upgrading the potential charge to a
felony for cases in which the sharer did intend harm. The bill also
increases penalties when the victim is targeted on the basis of gender,
race, sexual orientation, religion, or membership in other protected
classes.

 
LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

None

 
EFFECTIVE DATE::

60th day after it shall have become a law

2025-S7202A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7202--A
     Cal. No. 918
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2025
                                ___________
 
 Introduced  by  Sens.  HINCHEY, GOUNARDES, ADDABBO, CHAN, HOYLMAN-SIGAL,
   KRUEGER, MURRAY, SCARCELLA-SPANTON -- read twice and ordered  printed,
   and when printed to be committed to the Committee on Codes -- reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 AN  ACT  to  amend the penal law, in relation to establishing crimes for
   the unlawful dissemination or publication of  an  intimate  image;  to
   amend  the criminal procedure law, in relation to the statute of limi-
   tations for commencing cases related to the unlawful dissemination  or
   publication  of an intimate image; and to repeal section 245.15 of the
   penal law relating to 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 REPEALED  and  four  new
 sections 245.15, 245.16, 245.17 and 245.18 are added to read as follows:
 § 245.15 UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF AN INTIMATE IMAGE;
            DEFINITIONS, APPLICATION.
   1. THE FOLLOWING DEFINITIONS SHALL APPLY TO SECTIONS  245.16,  245.17,
 AND 245.18 OF THIS ARTICLE:
   (A)  "INTIMATE  PART"  MEANS  THE  NAKED GENITALS, PUBIC AREA, ANUS OR
 FEMALE NIPPLE OF THE PERSON;
   (B) "DISSEMINATE" AND "PUBLISH" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION 250.40 OF THIS TITLE;
   (C) "SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING AS DEFINED IN  SUBDI-
 VISION TEN OF SECTION 130.00 OF THIS PART;
   (D)  "DIGITIZATION" SHALL MEAN TO ALTER AN IMAGE IN A REALISTIC MANNER
 UTILIZING AN IMAGE  OR  IMAGES  OF  A  PERSON,  OTHER  THAN  THE  PERSON
 DEPICTED, OR COMPUTER-GENERATED IMAGES; AND
   (E) "PERSON" SHALL MEAN A NATURAL PERSON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11497-05-5
 S. 7202--A                          2
 
   2.  THE  FOLLOWING  PROVISIONS SHALL APPLY TO SECTIONS 245.16, 245.17,
 AND 245.18 OF THIS ARTICLE:
   (A)  THE  PROVISIONS  OF SECTIONS 245.16, 245.17, AND 245.18 SHALL NOT
 APPLY TO THE FOLLOWING:
   (I) THE REPORTING OF UNLAWFUL CONDUCT;
   (II) THE DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE MADE IN THE
 COURSE OF OFFICIAL LAW ENFORCEMENT DUTIES, LEGAL PROCEEDINGS OR CRIMINAL
 PROSECUTION, OR MEDICAL TREATMENT;
   (III) IMAGES INVOLVING VOLUNTARY EXPOSURE IN A PUBLIC SETTING; OR
   (IV) DISSEMINATION OR PUBLICATION OF AN  INTIMATE  IMAGE  MADE  FOR  A
 LEGITIMATE PUBLIC PURPOSE.
   (B) NOTHING IN SECTION 245.16, 245.17, OR 245.18 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.
   (C) DISSEMINATION OF MULTIPLE INTIMATE IMAGES OF THE  SAME  INDIVIDUAL
 AS PART OF A COMMON ACT SHALL BE CONSIDERED A SINGLE OFFENSE.
   (D)  (I)  A  VIOLATION  OF  SECTION 245.16, 245.17, OR 245.18 SHALL BE
 DEEMED TO BE COMMITTED WITHIN THE  STATE  IF  ANY  CONDUCT  THAT  IS  AN
 ELEMENT OF THE OFFENSE OCCURS WITHIN THE STATE.
   (II)  PROSECUTION FOR A VIOLATION OF SECTION 245.16, 245.17, OR 245.18
 MAY BE TRIED IN ANY JURISDICTION IN WHICH THE OFFENSE WAS COMMITTED OR A
 VICTIM RESIDES.
 § 245.16 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE  IMAGE  IN
            THE THIRD DEGREE.
   A  PERSON  IS  GUILTY  OF  UNLAWFUL DISSEMINATION OR PUBLICATION OF AN
 INTIMATE IMAGE IN THE THIRD DEGREE WHEN SUCH PERSON:
   1. INTENTIONALLY DISSEMINATES OR PUBLISHES  A  STILL  OR  VIDEO  IMAGE
 DEPICTING  ANOTHER  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 DEPICTED MAY
 REASONABLY BE IDENTIFIED FROM THE STILL OR VIDEO IMAGE  ITSELF  OR  FROM
 INFORMATION DISPLAYED IN CONNECTION WITH THE STILL OR VIDEO IMAGE; AND
   2.  KNEW  OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON DEPICTED DID
 NOT CONSENT TO OR LICENSE SUCH DISSEMINATION OR  PUBLICATION,  INCLUDING
 THE  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.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  AN  INTIMATE  IMAGE  IN  THE
 THIRD DEGREE IS A CLASS A MISDEMEANOR.
 § 245.17 UNLAWFUL  DISSEMINATION  OR PUBLICATION OF AN INTIMATE IMAGE IN
            THE SECOND DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN
 INTIMATE  IMAGE  IN THE SECOND DEGREE WHEN SUCH PERSON IS EIGHTEEN YEARS
 OF AGE OR OLDER AND COMMITS  THE  CRIME  OF  UNLAWFUL  DISSEMINATION  OR
 PUBLICATION OF AN INTIMATE IMAGE IN THE THIRD DEGREE AND:
   1. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF UNLAWFUL DISSEMINATION
 OR  PUBLICATION  OF  AN  INTIMATE IMAGE IN THE THIRD DEGREE, INCLUDING A
 CONVICTION WHICH OCCURRED PRIOR TO SUCH PERSON REACHING THE AGE OF EIGH-
 TEEN; OR
   2. SUCH PERSON COMMITS SUCH CRIME WITH INTENT TO CAUSE ECONOMIC, PHYS-
 ICAL, OR SUBSTANTIAL EMOTIONAL HARM TO THE PERSON DEPICTED IN THE  INTI-
 MATE  IMAGE  OR TO SECURE PECUNIARY GAIN FROM THE UNLAWFUL DISSEMINATION
 OR PUBLICATION OF THE INTIMATE IMAGE.
 S. 7202--A                          3
 
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  AN  INTIMATE  IMAGE  IN  THE
 SECOND DEGREE IS A CLASS E FELONY.
 § 245.18 UNLAWFUL  DISSEMINATION  OR PUBLICATION OF AN INTIMATE IMAGE IN
            THE FIRST DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN
 INTIMATE IMAGE IN THE FIRST DEGREE WHEN SUCH PERSON IS EIGHTEEN YEARS OF
 AGE OR OLDER AND COMMITS THE CRIME OF UNLAWFUL DISSEMINATION OR PUBLICA-
 TION OF AN INTIMATE IMAGE IN THE THIRD DEGREE AND:
   1.  SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF UNLAWFUL
 DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE IN THE  SECOND  DEGREE
 AS DEFINED IN SUBDIVISION ONE OF SECTION 245.17 OF THIS ARTICLE; OR
   2. SUCH PERSON COMMITS THE CRIME OF UNLAWFUL DISSEMINATION OR PUBLICA-
 TION OF AN INTIMATE IMAGE IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
 TWO  OF  SECTION  245.17 OF THIS ARTICLE AND THE PERSON AGAINST WHOM THE
 OFFENSE IS COMMITTED IS TARGETED DUE TO SUCH  PERSON'S  RACE,  RELIGIOUS
 CONVICTION,  GENDER,  DISABILITY,  GENDER  IDENTITY, SEXUAL ORIENTATION,
 COLOR, OR ETHNIC OR NATIONAL ORIGIN.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  AN  INTIMATE  IMAGE  IN  THE
 FIRST DEGREE IS A CLASS D FELONY.
   §  2.  Subdivision 3 of section 30.10 of the criminal procedure law is
 amended by adding two new paragraphs (i) and (j) to read as follows:
   (I) A PROSECUTION FOR UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN
 INTIMATE  IMAGE  IN THE THIRD DEGREE AS DEFINED IN SECTION 245.16 OF THE
 PENAL LAW MUST BE COMMENCED WITHIN FIVE YEARS OF THE COMMISSION  OF  THE
 CRIME.
   (J)  A  PROSECUTION  FOR  UNLAWFUL  DISSEMINATION OR PUBLICATION OF AN
 INTIMATE IMAGE IN THE FIRST OR SECOND  DEGREE  AS  DEFINED  IN  SECTIONS
 245.17  AND 245.18 OF THE PENAL LAW MUST BE COMMENCED WITHIN SEVEN YEARS
 OF THE COMMISSION OF THE CRIME, OR, IN THE EXERCISE OF REASONABLE  DILI-
 GENCE,  WITHIN THREE YEARS AFTER THE AGGRIEVED PARTY SHOULD HAVE DISCOV-
 ERED THE UNLAWFUL DISSEMINATION OR PUBLICATION  OF  AN  INTIMATE  IMAGE,
 WHICHEVER IS LATER.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S7202A

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Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2025-S7202 - Details

2025-S7202 - Summary

2025-S7202 - Sponsor Memo

2025-S7202 - Bill Text download pdf

co-Sponsors

2025-S7202A (ACTIVE) - Details

2025-S7202A (ACTIVE) - Summary

2025-S7202A (ACTIVE) - Sponsor Memo

2025-S7202A (ACTIVE) - Bill Text download pdf

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