1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title N: Offenses Against Public Order, Public Sensibilities and the Right To Privacy
  6. Article 245: Offenses Against Public Sensibilities


Section 245.15 Unlawful dissemination or publication of an intimate image

Penal (PEN)

  1. A person is guilty of unlawful dissemination or publication of an intimate image when:

  (a) with intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes a still or video image of such other person, who is identifiable from the still or video image itself or from information displayed in connection with the still or video image, without such other person's consent, which depicts:

  (i) an unclothed or exposed intimate part of such other person; or

  (ii) such other person engaging in sexual conduct as defined in subdivision ten of section 130.00 of this chapter with another person; and

  (b) such still or video image was taken under circumstances when the person depicted had a reasonable expectation that the image would remain private and the actor knew or reasonably should have known the person depicted intended for the still or video image to remain private, regardless of whether the actor was present when the still or video image was taken.

  2. For purposes of this section "intimate part" means the naked genitals, pubic area, anus or female nipple of the person.

  2-a. For purposes of this section "disseminate" and "publish" shall have the same meaning as defined in section 250.40 of this title.

  3. This section shall not apply to the following:

  (a) the reporting of unlawful conduct;

  (b) dissemination or publication of an intimate image made during lawful and common practices of law enforcement, legal proceedings or medical treatment;

  (c) images involving voluntary exposure in a public or commercial setting; or

  (d) dissemination or publication of an intimate image made for a legitimate public purpose.

  4. Nothing in this section 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.

  Unlawful dissemination or publication of an intimate image is a class A misdemeanor.

  * NB Effective September 21, 2019