Nassau County Revenge Porn Law
Long Island victims of revenge porn and nonconsensual pornography are protected if they live in Nassau County by a special law. On March 7, 2019, the Nassau County Executive approved Local Law 1-2019, which made it unlawful to disclose intimate images. With the enactment of the law, Nassau County joined New York City, Suffolk County, and Westchester in protecting victims against their abusers.
Protecting Revenge Porn Victims in Nassau County
The Nassau County revenge porn law was created to prevent victims from cyber abuse and harassment who had had their naked pictures shared online. The Long Island law recognized that victims of nonconsensual pornography suffer have their images shared throughout the world and wanted to protect residents of Nassau County. Recognizing how important the nonconsenual pornography law was, the legislature made the law effective immediately upon signing.
Nassau County Makes Nonconsenual Pornography a Crime
The law makes it a crime to share any images that show a victim’s exposed genitals, pubic area, buttocks, or anus of a person, or nipple or areola of a female person who is 11 years of age or older. A perpetrator can be charged with a misdemeanor, punishable by up to one year's imprisonment and/or a fine of up to $1,000.00.
If you are a victim of revenge porn, you should file a police report or contact the Nassau County District Attorney’s Office. Prosecutors and police officers treat sharing your images as a sex crime and will allow you to speak with members of the special victims unit.
A Victim Can Sue under the Nassau County Revenge Porn Law
The Long Island Revenge porn law also allows victims living in Nassau County to file a separate lawsuit against their abuser. If a victim is able to show that the abuser shared the images or naked videos with the intent to cause material harm to the physical, mental, emotional, or financial welfare of a person, then you are entitled to damages.
The victim can recover attorney fees from their abuser. A victim is also able to obtain a court order preventing the abuser from sharing the images, and both compensatory and punitive damages. You do not need to file police charges in order to sue the perpetrator.
Nassau County Revenge Porn Law and Other New York Laws
If you have been a victim of revenge porn in Nassau County, you can sue under the New York State Civil Rights Law 52-B as well. If the perpetrator lives in New York City, you can also sue him for New York City Admin Code 10-180.
A Family Court Order of Protection is Available
A victim is also able to file for an order of protection in Nassau County Family Court to prevent her images from being shared. Under the Family Court Act, victims living on Long Island can immediately receive a temporary order of protection if their naked photographs or sex tapes have been shared by a former partner.
The Entire Text of the Nassau County Revenge Porn Law, Local Law 1-2019
WHEREAS, there has been a disturbing increase in the phenomenon known as "revenge porn", wherein individuals maliciously disclose sexually explicit images, typically of former sexual partners, without consent of the subject and in order to cause them distress or embarrassment; and
WHEREAS, with the rise of social media and the advent of cyberspace, and the pervasive role the digital world has come to play in our lives, intimate images can be disseminated on literally a global scale in the time it takes to press a key or a touch pad; and
WHEREAS, such dissemination results in an appalling invasion of privacy and terrible humiliation causing potentially devastating emotional pain, suffering, distress, reputational and financial injury to the individuals portrayed in such images; and
WHEREAS, the law of this State does not afford adequate protection to victims of revenge pom; and
WHEREAS, it is the judgment of this Legislature that it is necessary to protect such victims by explicitly prohibiting the non-consensual distribution of such images and affording a remedy for the violation of such prohibition while maintaining the utmost regard for freedom of speech and expression;
THEREFORE, BE IT ENACTED by the County Legislature of the County of Nassau, as follows:
Section 1. Chapter VIll of Chapter 272 of the Laws of 1939 constituting the Nassau County Administrative Code, is hereby amended to add a new Title O, as follows:
TITLE O
UNLAWFUL DISCLOSURE OF INTIMATE IMAGES
8-134.1. Definitions.
Whenever used in this Title, the following words shall have the meanings given to them by this section:
A. "Consent" means permission that is knowingly, intelligently and voluntarily given for the particular disclosure at issue.
B. "Covered recipient" means an individual who gains possession of, or access to, an intimate image from a depicted individual, including through the creation of the intimate image.
C. "Depicted individual" means an individual depicted in an intimate image.
D. "Disclose" means to disseminate as that term is defined in New York Penal Law 250.40(5) or publish as that term is defined in New York Penal Law 250.40(6).
E. "Intimate image" means a photograph, film, videotape, recording or any other reproduction of a still or moving image, depicting an individual whose intimate parts are exposed in whole or in part or who appears to be engaged in, appears about to be engaged in, or appears to have just been engaged in, a sexual act where the depicted individual did not intend such image be disclosed at the time the covered recipient gained possession of or access to the intimate image. An intimate image does not include any image taken in a public place, as defined in New York Penal Law 240.00, except if, at the time the image was photographed, filmed, videotaped, recorded or reproduced, an individual in the depicted individual's position would reasonably have believed that no one other than the covered recipient could view the applicable intimate parts or sexual act while such parts were exposed or such act was occurring.
F. "Intimate parts" means the exposed genitals, pubic area, buttocks, or anus of a person, or nipple or areola of a female person who is 11 years of age or older.
G. "Sexual acts" means sexual intercourse, oral sexual conduct, or anal sexual conduct as those terms are defined in New York Penal Law 130.00(1) and 130.00(2); masturbation; mutual masturbation; the insertion of a body part or foreign object into the vulva, penis, or anus or any other touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire; or the transmission or appearance of semen upon any part of the depicted individual 's body.
8-134.2. Unlawful Disclosure of Intimate Images.
A. No covered recipient shall, with intent to cause material harm to the physical, mental, emotional or financial welfare of a depicted individual, disclose or threaten to disclose an intimate image of such depicted individual, where:
The intimate image was created by or provided to the covered recipient under circumstances in which the depicted individual has a reasonable expectation of privacy;
The depicted individual is or would be identifiable either from the intimate image or from the circumstances under which such image is disclosed or threatened to be disclosed; and
The disclosure or threatened disclosure is without the consent of the depicted individual and did or would occur under circumstances in which a reasonable person would have known that the depicted individual did not consent to disclosure.
8-134.3. Exemptions.
The prohibitions established in this law shall not apply if:
A. The disclosure or threat of disclosure is made in the course of reporting unlawful activity, in the course of a legal proceeding or by law enforcement personnel in conducting their authorized duties.
B. The disclosure is made by a provider of an interactive computer service, as defined in 47 U.S.C. S230 with regard to content provided by another information content provider, as defined in 47 U.S.C. 230.
C. The disclosure or threat of disclosure is made in relation to a matter of legitimate public concern or is otherwise protected by the First Amendment of the United States Constitution.
8-134.4. Penalties
Violation of this law shall constitute an unclassified misdemeanor, punishable by up to one year's imprisonment and/or a fine of up to $1,000.00.
8-134.5. Private Civil Cause of Action.
A. Any individual who suffers harm from a violation of this law shall have a civil cause of action in any court of competent jurisdiction against the individual who engaged in prohibited conduct. Plaintiffs in such an action may seek to hold the defendant liable for any or all of the following:
Compensatory and punitive damages;
Injunctive and declaratory relief;
Attorneys' fees and costs; and
Such other relief as a court may deem appropriate.
B. The private cause of action established under this section shall not require that a criminal charge be brought, or a criminal conviction be obtained as a condition precedent to the plaintiff commencing a civil action or obtaining a civil judgment.
Section 2. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
Section 3. SEQRA Determination.
It is hereby determined, pursuant to the provisions of the State Environmental Quality Review Act, 8 N.Y.E.C.L, section 0101 at seq. and its implementing regulations, Part 617 of 6 N.Y.C.R.R., and Section 1611 of the County Government Law of Nassau County, that the adoption of this local law is a "Type 11" Action within the meaning of Section 617.5(c)(20) and (27) of 6 N.Y.C.R.R., and, accordingly, is of a class of actions which do not have a significant effect on the environment, and no further review is required.
Section 4. Effective Date.
This local law shall take effect immediately after enactment by the Legislature.
Source: Nassau County Legislature