Suffolk County Revenge Porn Law
Suffolk County has a special revenge porn law designed to protect victims of nonconsensual pornography. Long Island victims of revenge porn are able to sue in Supreme Court under Chapter 675 of the local code. The law only applies to victims or perpetrators living in Suffolk County Long Island.
History of the Suffolk County Revenge Porn Law
After the New York City Council enacted Administrative Code 10-180, the Suffolk County Legislature decided it was necessary to protect victims of living in Suffolk County. Chapter 675 makes it a crime to share revenge porn and also creates a civil cause of action for victims to hold their assailants responsible for their bad acts. The Suffolk County revenge porn law applies to the malicious distribution of intimate photos or videos.
Since the law’s enactment in 2018, our firm’s revenge porn attorneys have filed multiple lawsuits under the law.
The Elements of Suffolk County’s Revenge Porn Law
The Long Island revenge porn law makes it illegal for a person to disclose an intimate image without the victim’s consent where the victim is or could be identifiable.
To understand if the Suffolk County revenge porn law, you have to figure out if you are a depicted individual and if the perpetrator is a covered recipient under the law. Since the law is based on criminal acts, the defendant needs to have shared the naked images or sex tapes with the intent to cause economic, physical, or substantial emotional harm.
Unlike with a Family Offense Petition, the victim and abuser do not need to be in a relationship.
Am I a Victim under the Suffolk County Revenge Porn Law?
A victim of revenge porn living in Long Island is protected by the law if they are a “depicted individual.” The Suffolk County law defines depicted individual as the person in the photograph, film, videotape or recording in three different situations. First, a victim can sue if picture or videos shows a fully or partially exposed intimate body part. Intimate body parts include one’s genitals, pubic area, or anus, or the female nipple or areola of a person who is 11 years old or older.
Second, a victim is a depicted individual if the photograph or recording shows the person with another person whose intimate body parts are exposed and the recording was made right before or after sexual activity. This means that a revenge porn victim does not need to be naked in the photographs, it is enough that the abuser is naked.
Third, a person is a depicted individual if the video or image shows them engaged in sexual activity. Sexual activity means, sex, anal sex, oral sex, masturbation, touching of breasts, sexual penetration with any object, or the appearance of semen on any part of the body. This is a very broad definition that essentially includes any sexual act undertaken alone or with someone else.
Victims only need to fit into one of the three categories to be considered a “depicted individual.”
Who is a Covered Recipient under the Suffolk County Revenge Porn Law?
Even if you are defined as a depicted individual, the person who shares the naked photograph or sex tape needs to be a “covered recipient.” Any person who has access to an intimate image or video is considered a “covered recipient” under the law. This definition is significantly broader than under the NYC Admin Code 10-180.
A person who takes or captures the intimate photo or video is also defined as a covered recipient.
Are All Naked Photographs Intimate Images under the Law?
Not all naked photographs are considered intimate images under the Suffolk County revenge porn law. Initially, nude images taken in public are not protected by the law unless the victim did not think any other person could see them naked. For example, a photograph captured on a rooftop or video taken in the woods would be considered an intimate image, however pictures taken on a nude beach would not.
A nude photograph is an intimate image if it has been shared with a person in a manner in which, or to a person or audience to whom, the victim did not intend. That means it is immaterial whether a person has shared an intimate image with other people, what is important is that they did not consent for the image to be shared beyond that audience and it was.
Threats of Sharing Naked Photographs Are Actionable under the Suffolk County Revenge Porn Law
A perpetrator does not need to share the naked photographs or sex tape in order to be held liable. Threatening to share the intimate image is enough for a victim to go to the police or file a lawsuit.
The Culprit’s Intent Matters
Sharing intimate images is not enough, a culprit needs to disclose the naked photographs with the intent to cause economic, physical, or substantial emotional harm.
Damages under the Suffolk County Revenge Porn Law
A victim is entitled to money damages, punitive damages, attorney fees, and injunctive relief. This means that the culprit can be responsible for paying the money you spend on your lawyer.
Suffolk County Revenge Porn Law and Other New York Laws
In addition to Suffolk County’s revenge porn law, in some instances, Suffolk County victims can also sue under the New York City Administrative Code and Civil Rights Law 52-B.
The Entire Text of the Suffolk County Revenge Porn Law, Chapter 675
Article IDisclosure of Intimate Images
[Adopted 11-20-2018 by L.L. No. 26-2018]
This Legislature hereby finds and determines that the County of Suffolk values and protects the right to privacy for all of its law-abiding residents. This Legislature also finds and determines that, in the age of the internet, some individuals post inappropriate and negative information about others towards whom they feel animus, frequently targeting their former intimate partners. This Legislature further finds and determines that, in some cases, these persons have posted intimate images of former partners which were not intended for public dissemination when obtained and they do so without the consent of the person depicted. This type of malicious act is commonly known as "revenge porn." This Legislature finds that 40 states, the District of Columbia and several municipalities, including New York City, have enacted legislation establishing criminal and civil liability for individuals who post revenge porn. New York State is one of 10 states that provide no legal protection for victims of revenge porn. This Legislature determines that the targets of revenge porn suffer real emotional and economic injury. This Legislature also finds that in order to protect the victims of these types of terrible and cowardly acts, Suffolk County should criminalize the act of disseminating revenge porn and create for victims a civil cause of action to hold their assailants responsible for their acts. Therefore, the purpose of this article is to criminalize the act of uploading intimate photos without the knowledge or consent of the individual depicted and create a private cause of action for victims to seek civil damages for such actions.
As used in this article, the following terms shall have the meanings indicated:
Permission that is knowingly and voluntarily given while in an unimpaired mental state.
An individual who gains possession of, or access to, an intimate image of a depicted individual, including through the recording of the intimate image.
An individual depicted in a photograph, film, videotape, recording or any other reproduction of an image that portrays such individual:
With fully or partially exposed intimate body parts;
With another individual whose intimate body parts are exposed, as recorded immediately before or after the occurrence of sexual activity between those two individuals; or
Engaged in sexual activity.
To disseminate, as defined in New York Penal Law § 250.40(5), or to publish, as defined in New York Penal Law § 250.40(6).
The genitals, pubic area or anus of any person, or the female nipple or areola of a person who is 11 years of age or older.
A photograph, film, videotape, recording or any other reproduction of an image of a depicted individual that has been disclosed or is threatened to be disclosed in a manner in which, or to a person or audience to whom, the depicted individual did not intend disclosure at the time when 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 recorded, 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 body parts or sexual activity while such body parts were exposed or such activity was occurring.
Any of the following actions: sexual intercourse, as defined in New York Penal Law § 130.00(1); oral sexual conduct or anal sexual conduct, as those terms are defined in New York Penal Law § 130.00(2); touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire; sexual penetration with any object; or the transmission or appearance of semen upon any part of the depicted individual's body.
No covered recipient shall disclose an intimate image without the depicted individual's consent, with the intent to cause economic, physical or substantial emotional harm to such depicted individual, where such depicted individual is or would be identifiable to another individual either from the intimate image or from the circumstances under which such image is disclosed.
No covered recipient shall threaten to violate Subsection A of this section. When determining if a threat is made pursuant to this subsection, a depicted individual shall be considered to be identifiable where the covered recipient states or implies that such person would be so identifiable in the intimate image.
The prohibitions established in this article shall not apply if:
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.
The disclosure is made by a provider of an interactive computer service, as defined in 47 U.S.C. § 230(f)(2), with regard to content provided by another information content provider, as defined in 47 U.S.C. § 230(f)(3).
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.
Violation of this article shall constitute an unclassified misdemeanor, punishable by up to one year's imprisonment and/or a fine of up to $1,000.
Any individual who suffers harm from a violation of this article 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.
The private cause of action established under this section shall not require that a criminal charge be brought or a criminal conviction obtained as a condition precedent to the plaintiff commencing a civil action or obtaining a civil judgment.
This article shall apply to all actions occurring on or after the effective date of this article.