Unlawful dissemination or publication of an intimate image
New York Penal Law 245.15, Unlawful dissemination or publication of an intimate image, makes revenge porn a crime and protects victims living in New York State, including Long Island, Westchester, Rockland, Putnam, and New York City. The law makes it a crime to share naked photographs and videos on the internet, through text messages, emails, or any other means without the victim’s consent.
Unlawful Dissemination as a Crime
New York has decided that sharing naked images or videos of a person without their consent is a crime. While a victim can sue for damages, they are also able to go to the police and press charges. What makes nonconsensual dissemination a crime in New York?
The perpetrator needs to have shared an intimate image.
The Penal Law defines an intimate image under the law as a naked picture or video or a video or image of the victim engaged in a sexual act. Sexual contact includes any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. A person does not need to be naked for there to be sexual contact.
The Sharing of the Naked Image Must Have Been Done Intent
It is not enough that a perpetrator share an intimate image, the criminal must have disseminated the sex tape with the intent to cause emotional, financial or physical harm. Unlike the New York City Law, the harm does not need to be severe. It is enough for the perpetrator to intend any sort of emotional harm. A victim does not actually need to suffer harm; the intent is all that matters. If an ex-boyfriend shares your naked photographs with your employer hoping you would get fired from your job, he has committed a crime under Penal Law 245.15 even if you are not terminated.
Dissemination Has a Broad Definition
A criminal can share an image or video in several different ways. The law defines “disseminate” as “to give, provide, lend, deliver, mail, send, forward, transfer or transmit, electronically or otherwise to another person.” If a person sends an email with a naked image and then recalls the email, he has still committed a crime under Penal Law 245.15, even if no one ever saw the email.
Penal Law 245.15, Unlawful dissemination or publication of an intimate image
1. A person is guilty of unlawful dissemination or publication of an intimate image when:
(a) with intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes a still or video image of such other person, who is identifiable from the still or video image itself or from information displayed in connection with the still or video image, without such other person’s consent, which depicts:
(i) an unclothed or exposed intimate part of such other person; or
(ii) such other person engaging in sexual conduct as defined in subdivision ten of section 130.00 of this chapter with another person; and
(b) such still or video image was taken under circumstances when the person depicted had a reasonable expectation that the image would remain private and the actor knew or reasonably should have known the person depicted intended for the still or video image to remain private, regardless of whether the actor was present when the still or video image was taken.
2. For purposes of this section “intimate part” means the naked genitals, pubic area, anus or female nipple of the person.
2-a. For purposes of this section “disseminate” and “publish” shall have the same meaning as defined in section 250.40 of this title.
3. This section shall not apply to the following:
(a) the reporting of unlawful conduct;
(b) dissemination or publication of an intimate image made during lawful and common practices of law enforcement, legal proceedings or medical treatment;
(c) images involving voluntary exposure in a public or commercial setting; or
(d) dissemination or publication of an intimate image made for a legitimate public purpose.
4. Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.
Unlawful dissemination or publication of an intimate image is a class A misdemeanor.
Source: New York State Senate