Revenge Porn FAQ
New York Revenge Porn FAQ
As revenge porn lawyers, we are often faced with questions from people who have had their images or videos put online. These are some of the questions we receive on a daily basis and the answers that we provide to our clients.
Is Revenge Porn a Crime in New York?
Since 2019, Revenge Porn has been a crime in New York under Penal Law 245.15. It is now illegal to share, or threaten to share, someone’s intimate images and videos with the intent to annoy, harass, or alarm them. New York classifies revenge porn as a misdemeanor, punishable by up to one year in prison.
Can I Get in Trouble for Sharing My Naked Pictures?
A common misconception is that it is your fault for sharing the pictures in the first place, so there is nothing a person can do. This is absolutely false and a perpetrator cannot justify his or her actions by victim shaming.
Someone is Threatening to Share a Sex Tape I Made With Him, What Do I Do?
Contact the police or a lawyer immediately. It is a crime to threaten to share the sex tape without your permission or consent. A threat under New York’s law is enough to hold a person responsible in criminal court, family court, or Supreme Court.
Can I File a Police Report if Someone Posted My Naked Photographs Online?
Yes, you can file a police report if someone posted your naked photographs. Revenge porn is a crime in New York. Police departments in New York City, Westchester, and Long Island classify nonconsensual pornography as a sex crime, which means you can speak to a member of the special victims unit. Most police departments have protocols in place that allow you to speak with officers of the same gender.
Am I Able to Identify an Anonymous Poster of Revenge Porn?
Identifying an anonymous harasser can be difficult but is not impossible. Through the subpoena process, you may be able to learn who is sharing your naked photographs and videos online. It is important to start the process quickly so that the evidence is preserved.
What Damages Can I Sue for in a Revenge Porn Case?
New York State allows a victim to sue for out-of-pocket expenses, punitive damages, and attorney fees. You can also sue to obtain an injunction to prevent the abuser from continuing to post your images online.
How Do I Stop Someone From Sharing My Naked Pictures?
If someone is sharing your naked photographs online, you can file for an order of protection in Family Court to prevent them from continuing the share the images. You can also file an order to show cause in civil court to obtain an injunction.
Do I Need to File Criminal Charges Before Filing a Lawsuit?
No, the law allows for you to file a lawsuit without going to the police first.
Does Daniel Szalkiewicz & Associates Charge for Consultations?
We never charge for consultations.