What's happening
This bill makes sending unwanted lewd or intimate images a form of aggravated harassment in the second degree in New York.
Why it matters
Expands legal protection against digital harassment. By explicitly including the transmission of unwanted lewd or intimate images as aggravated harassment, the bill addresses a growing problem of online abuse and closes a gap in current harassment laws.
Reflects changing norms in digital communication. The law recognizes that harassment can occur through modern means—such as text, email, and messaging apps—and adapts the legal framework to contemporary realities, providing victims with clearer recourse.
Potential deterrent effect. By making this behavior a criminal offense, the bill aims to discourage individuals from sending unsolicited explicit content, reinforcing boundaries and personal autonomy in digital interactions.
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Who cares
Recipients of unwanted lewd or intimate images
The bill would make sending them such images aggravated harassment in the second degree when done with intent to harass, annoy, threaten or alarm and with no legitimate communication purpose.
Police and prosecutors
The bill would add a specific basis for pursuing aggravated harassment cases involving unwanted lewd or intimate images.
People who send unwanted lewd or intimate images
They could face aggravated harassment charges if their conduct meets the bill’s intent and communication-purpose requirements.
Headline styles
Ban Unwanted Lewd Images
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.914
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
628
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to adding transmission of unwanted lewd or intimate images to the definition of aggravated harassment in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 240.30 of the penal law is amended by adding a new subdivision 2-a to read as follows:
2-a. With the intent to harass, annoy, threaten or alarm another person, and with no purpose of legitimate communication transmits, sends, or gives unwanted lewd or intimate images to another person; or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01547-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to adding transmission of unwanted lewd or intimate images to the definition of aggravated harass- ment in the second degree
Purpose or general idea of bill
To penalize intentional harassment of another person via the trans- mission of lewd imagery without the consent of the recipient.
Summary of specific provisions
Section 1. Amends Section 240.30 of the penal law by adding a new subdi- vision 2-a to include the intentional transmission of lewd or intimate images to another person, when done with the intent to harass, annoy, threaten, or alarm another person.
Section 2. Sets forth the effective date.
Justification
With the advent of smartphone technology, our ability to communicate with colleagues, loved ones, and the wider world have improved immeasur- ably. Yet every advance in technology throughout history has regrettably been accompanied by a similar advance in the willingness of bad actors to abuse technology for nefarious purposes.
For example, to cite just one method currently in vogue, perverts have been using AirDrop technology - a Bluetooth-based method of sharing files on the Apple iPhone device - to force unsuspecting victims to view lewd images without consent. Because of the very nature of the AirDrop system, recipients are forced to view a "preview" of the images in ques- tion before they can reject them. Therefore, the goal of the offender is accomplished without the consent of the recipient, as anyone within AirDrop range of the sender is forced to view the image(s) in question, even if they ultimately choose to reject the file transfer.
This is just one example of the misuse of smartphone technology that harasses and disturbs law-abiding New Yorkers attempting to go about their day, including on public transportation in close proximity to strangers. This new legislation provides one measure of protection to the puolic by amending the Penal Law to specifically deter this conduct.
Prior legislative history
2019-2020: A.8871-A/5.6887-A - Referred to Codes.
2021-2022: A.1965/S.4223 - Referred to Codes.
2023-2024: No Same As/S1894 - Referred to Codes.
Fiscal implications
None to the state.
Effective date
Shall take effect Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.