S T A T E O F N E W Y O R K
________________________________________________________________________
9176
I N S E N A T E
February 11, 2026
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to private rights of
action for certain unlawfully disseminated images or depictions of
individuals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1 of section 52-b of
the civil rights law, as amended by section 3 of subpart A of part MM of
chapter 58 of the laws of 2024, is amended to read as follows:
Any person depicted in a still or video image, including an image
created or altered by digitization, regardless of whether or not the
original still or video image was consensually obtained, shall have a
cause of action against an individual who, [for the purpose of harass-
ing, annoying or alarming such person,] disseminated or published, or
threatened to disseminate or publish, such still or video image, where
such image:
§ 2. Subdivision 2 of section 52-b of the civil rights law, as added
by chapter 109 of the laws of 2019, is amended to read as follows:
2. In any action commenced pursuant to subdivision one of this
section[,]:
(A) the finder of fact, in its discretion, may award injunctive
relief, punitive damages IN ADDITION TO ANY IMPOSED UNDER PARAGRAPH (B)
OF THIS SUBDIVISION, compensatory damages and reasonable court costs and
attorney's fees; AND
(B) THE COURT SHALL IMPOSE PUNITIVE DAMAGES OF TWENTY THOUSAND DOLLARS
PER VIOLATION FOUND TO HAVE OCCURRED.
§ 3. Subdivision 5 of section 52-c of the civil rights law, as added
by chapter 304 of the laws of 2020, is amended to read as follows:
5. In any action commenced pursuant to this section[,]:
(A) the finder of fact, in its discretion, may award injunctive
relief, punitive damages IN ADDITION TO ANY IMPOSED UNDER PARAGRAPH (B)
OF THIS SUBDIVISION, compensatory damages, and reasonable court costs
and attorney's fees; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14534-02-6
S. 9176 2
(B) THE COURT SHALL IMPOSE PUNITIVE DAMAGES OF TWENTY THOUSAND DOLLARS
PER VIOLATION FOUND TO HAVE OCCURRED.
§ 4. The opening paragraph of paragraph a of subdivision 5 of section
52-b of the civil rights law, as amended by section 3 of subpart A of
part MM of chapter 58 of the laws of 2024, is amended to read as
follows:
[Any] NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TEN OF THIS
SECTION, ANY website, OR THE OWNER OF SUCH WEBSITE OR ANY WHOLLY OWNED
SUBSIDIARY OF THE OWNER OF SUCH WEBSITE, that hosts or transmits a still
or video image, including an image created or altered by digitization,
viewable in this state OR WHERE HARM HAS OTHERWISE OCCURRED IN THIS
STATE, taken under circumstances where the person depicted had a reason-
able expectation that the image would remain private, which depicts:
§ 5. Subdivision 2 of section 52-c of the civil rights law, as added
by chapter 304 of the laws of 2020, is amended by adding a new paragraph
c to read as follows:
C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION,
A DEPICTED INDIVIDUAL SHALL HAVE A CAUSE OF ACTION AGAINST ANY WEBSITE,
OR THE OWNER OF SUCH WEBSITE OR ANY WHOLLY OWNED SUBSIDIARY OF THE OWNER
OF SUCH WEBSITE, THAT HOSTS OR TRANSMITS A DIGITIZATION OF SUCH DEPICTED
INDIVIDUAL IN VIOLATION OF THIS SECTION, WHERE HARM HAS OCCURRED IN THIS
STATE.
§ 6. This act shall take effect immediately.