What's happening
This bill creates new crimes for unlawfully sharing intimate images without consent, establishing misdemeanor and felony penalties for repeat offenders.
Why it matters
Specifies intent and consent. The bill targets intentional sharing of intimate images specifically meant to harass, annoy, or alarm another person, emphasizing the necessity of explicit consent from the person depicted. This focus on intent and consent could affect how cases are investigated and prosecuted.
Escalates penalties for repeat offenses. By introducing a felony charge for those previously convicted of this crime within the past ten years, the law seeks to deter repeat offenders and recognizes the heightened harm of persistent violations.
Protects online platforms and libraries. The bill explicitly exempts interactive computer services (like social media platforms, ISPs, and educational institutions) from liability for unlawful content posted by users, which affects how these entities handle user-generated content.
Aligns with digital privacy trends. The legislation reflects growing concern over digital privacy and the nonconsensual distribution of intimate images ("revenge porn"), addressing a gap in existing law and aiming to provide victims with clearer legal recourse.
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Who cares
Headline styles
Ban Nonconsensual Intimate Image Sharing
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Nonconsensual Intimate Image Sharing
In Assembly Committee · Codes · Sponsor Phil Boyle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
877
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. CURRAN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crimes of unlawful dissemination of an intimate image in the first and second degrees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The section heading and the opening paragraph of section 250.40 of the penal law, as added by chapter 69 of the laws of 2003, are amended to read as follows:
Unlawful surveillance and dissemination; definitions.
The following definitions shall apply to sections 250.45, 250.50, 250.55 [and], 250.60, 250.70 and 250.75 of this article:
§ 2. The penal law is amended by adding two new sections 250.70 and 250.75 to read as follows: § 250.70 Unlawful dissemination of an intimate image in the second
degree.
A person is guilty of unlawful dissemination of an intimate image in the second degree when, with intent to harass, annoy or alarm another person, he or she intentionally disseminates an image or images of the sexual or other intimate parts of another person without explicit consent of such person to disseminate such image.
Unlawful dissemination of an intimate image in the second degree is a class A misdemeanor. § 250.75 Unlawful dissemination of an intimate image in the first
degree.
A person is guilty of unlawful dissemination of an intimate image in the first degree when he or she commits the crime of unlawful dissemination of an intimate image in the second degree and has previously been convicted within the past ten years of unlawful dissemination of an intimate image in the first or second degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03029-01-7
A. 877 2
Unlawful dissemination of an intimate image in the first degree is a class E felony.
§ 3. Nothing in this act shall be construed to impose liability on an interactive computer service for content provided by another person. The term "interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.