Bill Text: NY A06862 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A06862 Detail]
Download: New_York-2021-A06862-Introduced.html
Bill Title: Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A06862 Detail]
Download: New_York-2021-A06862-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6862 2021-2022 Regular Sessions IN ASSEMBLY April 13, 2021 ___________ Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, DICKENS, FRONTUS, GALEF, GUNTHER, JACKSON, SIMON, STECK, ZINERMAN, McDONOUGH -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the civil rights law, in relation to unlawful dissemination or publication of intimate images created by digitization The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 245.15 of the penal law, as added 2 by chapter 109 of the laws of 2019, is amended and new subdivision 2-b 3 is added to read as follows: 4 1. A person is guilty of unlawful dissemination or publication of an 5 intimate image when: 6 (a) with intent to cause harm to the emotional, financial or physical 7 welfare of another person, he or she intentionally disseminates or 8 publishes a still or video, including an image created by digitization, 9 image of such other person, who is identifiable from the still or video 10 image itself or from information displayed in connection with the still 11 or video image, without such other person's consent, which depicts: 12 (i) an unclothed or exposed intimate part of such other person; or 13 (ii) such other person engaging in sexual conduct as defined in subdi- 14 vision ten of section 130.00 of this chapter with another person; and 15 (b) such still or video image was: 16 (i) taken under circumstances when the person depicted had a reason- 17 able expectation that the image would remain private and the actor knew 18 or reasonably should have known the person depicted intended for the 19 still or video image to remain private, regardless of whether the actor 20 was present when the still or video image was taken[.]; or 21 (ii) created by digitization and the actor knew or reasonably should 22 have known the person depicted did not consent to its creation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10561-01-1A. 6862 2 1 2-b. For purposes of this section "digitization" means to realis- 2 tically depict any of the following: 3 (a) The nude body parts of another human being as the nude body parts 4 of the depicted person. 5 (b) Computer-generated nude body parts as the nude body parts of the 6 depicted person. 7 (c) The depicted person engaging in sexual conduct in which the 8 depicted person did not engage. 9 § 2. Section 52-b of the civil rights law, as added by chapter 109 of 10 the laws of 2019, is amended to read as follows: 11 § 52-b. Private right of action for unlawful dissemination or publica- 12 tion of an intimate image. 1. For purposes of this section "digitiza- 13 tion" means to realistically depict any of the following: 14 (a) The nude body parts of another human being as the nude body parts 15 of the depicted person. 16 (b) Computer-generated nude body parts as the nude body parts of the 17 depicted person. 18 (c) The depicted person engaging in sexual conduct in which the 19 depicted person did not engage. 20 2. Any person depicted in a still or video image, regardless of wheth- 21 er or not the original still or video image was consensually obtained, 22 shall have a cause of action against an individual who, for the purpose 23 of harassing, annoying or alarming such person, disseminated or 24 published, or threatened to disseminate or publish, such still or video 25 image, where such image: 26 a. was taken when such person had a reasonable expectation that the 27 image would remain private; and 28 b. depicts (i) an unclothed or exposed intimate part of such person; 29 or (ii) such person engaging in sexual conduct, as defined in subdivi- 30 sion ten of section 130.00 of the penal law, with another person; and 31 c. was disseminated or published, or threatened to be disseminated or 32 published, without the consent of such person. 33 3. Any person depicted in a still or video image, shall have a cause 34 of action against an individual who, for the purpose of harassing, 35 annoying or alarming such person, disseminated or published, or 36 threatened to disseminate or publish, such still or video image, where 37 such image: 38 a. was created by digitization without the consent of the person; and 39 b. depicts (i) an unclothed or exposed intimate part of such person 40 or (ii) such person engaging in sexual conduct, as defined in 41 subdivision ten of section 130.00 of the penal law, with another person; 42 and 43 c. was disseminated or published, or threatened to be disseminated or 44 published, without the consent of such person. 45 [2] 4. In any action commenced pursuant to [subdivision one] subdivi- 46 sions two and three of this section, the finder of fact, in its 47 discretion, may award injunctive relief, punitive damages, compensatory 48 damages and reasonable court costs and attorney's fees. 49 [3] 5. This section shall not apply to the following: 50 a. the reporting of unlawful conduct; 51 b. dissemination or publication of an intimate still or video image 52 made during lawful and common practices of law enforcement, legal 53 proceedings or medical treatment; 54 c. images involving voluntary exposure in a public or commercial 55 setting; orA. 6862 3 1 d. dissemination or publication of an intimate still or video image 2 made for a legitimate public purpose. 3 [4] 6. Any person depicted in a still or video image that depicts an 4 unclothed or exposed intimate part of such person, or such person engag- 5 ing in sexual conduct as defined in subdivision ten of section 130.00 of 6 the penal law with another person, which is disseminated or published 7 without the consent of such person and where such person had a reason- 8 able expectation that the image would remain private, or where such 9 still or video image was created by digitization without the consent of 10 the person, may maintain an action or special proceeding for a court 11 order to require any website that is subject to personal jurisdiction 12 under subdivision five of this section to permanently remove such still 13 or video image; any such court order granted pursuant to this subdivi- 14 sion may direct removal only as to images that are reasonably within 15 such website's control. 16 [5] 7. a. Any website that hosts or transmits a still or video image, 17 viewable in this state, taken under circumstances where the person 18 depicted had a reasonable expectation that the image would remain 19 private, or where such still or video image was created by digitization 20 without the consent of the person, which depicts: 21 (i) an unclothed or exposed intimate part, as defined in section 22 245.15 of the penal law, of a resident of this state; or 23 (ii) a resident of this state engaging in sexual conduct as defined in 24 subdivision ten of section 130.00 of the penal law with another person; 25 and 26 b. Such still or video image is hosted or transmitted without the 27 consent of such resident of this state, shall be subject to personal 28 jurisdiction in a civil action in this state to the maximum extent 29 permitted under the United States constitution and federal law. 30 [6] 8. A cause of action or special proceeding under this section 31 shall be commenced the later of either: 32 a. three years after the dissemination or publication of an image; or 33 b. one year from the date a person discovers, or reasonably should 34 have discovered, the dissemination or publication of such image. 35 [7] 9. Nothing herein shall be read to require a prior criminal 36 complaint, prosecution or conviction to establish the elements of the 37 cause of action provided for by this section. 38 [8] 10. The provisions of this section are in addition to, but shall 39 not supersede, any other rights or remedies available in law or equity. 40 [9] 11. If any provision of this section or its application to any 41 person or circumstance is held invalid, the invalidity shall not affect 42 other provisions or applications of this section which can be given 43 effect without the invalid provision or application, and to this end the 44 provisions of this section are severable. 45 [10] 12. Nothing in this section shall be construed to limit, or to 46 enlarge, the protections that 47 U.S.C § 230 confers on an interactive 47 computer service for content provided by another information content 48 provider, as such terms are defined in 47 U.S.C. § 230. 49 § 3. This act shall take effect on the sixtieth day after it shall 50 have become a law.
