Establishes the crime of non-consensual disclosure of sexually explicit images

5 Co-sponsors

• Kenneth P. LaValle
• Tony Avella
• Martin J. Golden
• George D. Maziarz
• Michael H. Ranzenhofer

BILL NUMBER:S5949A

Title of bill

An act to amend the penal law, in relation to establishing the crime of non-consensual disclosure of sexually explicit images

Purpose

Relates to establishing the crime of non-consensual disclosure of sexually explicit images.

Summary of provisions

Section 1 adds a new section, 250.70 to the New York Penal Law, which provides that a person is guilty of non-consensual disclosure of sexually explicit images when he or she intentionally or knowingly discloses a photo, film, or videotape of another person whose intimate parts are exposed or who is engaged in an act of sexual contact without such person's consent, when a reasonable person would have known that the person depicted would not have consented to such disclosure.

Additionally, the disclosure must be without such person's consent and under circumstances in which the person has a reasonable expectation of privacy, meaning that the person has consented to the capture or possession of an image within the context of a private or confidential relationship.

250.70.1 provides definitions of "disclose", "intimate parts" and "sexual contact."

250.70.2 provides exceptions for lawful and common practices of law enforcement, disclosures made for a legitimate public purpose, and situations involving voluntary exposure in public or commercial settings, and disclosures made in the reporting of unlawful activity.

250.70.3 Non-consensual disclosure of sexually explicit images is a class A misdemeanor.

Justification

In an era of increased text messaging, social networking, and emailing, people in intimate relationships sometimes share pictures with each other, some of which may be sexually explicit in nature. However, recipients of these images do not always keep the images within the confines of an intimate relationship, and have the ability to widely disseminate the photos on the Internet.

The non-consensual disclosure of such sexually explicit images, also known as "revenge porn" is often provided to Internet websites, and features photos sometimes accompanied by disparaging descriptions and identifying details, such as where the victims live and work, as well as links to their social network pages.

Posting these photographs online is damaging to the reputations of the victims. These photographs have extensive negative effects, including destroying future intimate relationships and educational and

employment opportunities. Victims are routinely threatened with sexual assault, stalked, harassed, or fired from jobs.

New York's current distribution of unlawful surveillance law only governs photographs taken without the subject's consent. This bill would govern photographs that are captured consensually, as part of an intimate, private relationship, which are later disclosed by an individual to the public without the consent of the individual photographed.

Criminalization is preferable to civil suits by victims because civil suits do not deter those who upload or disclose new images after a civil suit has ended. Furthermore, a lengthy trial is emotionally exhausting and prohibitively expensive. Moreover, the websites that distribute non-consensual pornography are given broad immunity for civil liability under federal law through the Communications Decency Act. Therefore, criminalizing disclosure of these photos may prevent websites from benefiting from the harmful images.

This bill is also narrowly drawn so as not to infringe on First Amendment rights, as there is no constitutional protection afforded to individuals who consume or distribute sexually explicit images of individuals without their consent. The bill also creates exceptions for lawful activity.

Legislative history

New.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.