Bill Text: NY A06862 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6862--A

                               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,  SILLITTI,
          SEPTIMO -- read once and referred to the Committee on Codes -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        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 and of sexually explicit depictions of an individual

          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10561-02-1
        A. 6862--A                          2

     1    (ii)  created  by digitization and the actor knew or reasonably should
     2  have known the person depicted did not consent to its creation or to its
     3  dissemination or publication.
     4    2-b.  For  purposes  of  this  section "digitization" means to realis-
     5  tically depict any of the following:
     6    (a) The nude body parts of another human being as the nude body  parts
     7  of the depicted person.
     8    (b)  Computer-generated  nude body parts as the nude body parts of the
     9  depicted person.
    10    (c) The depicted person  engaging  in  sexual  conduct  in  which  the
    11  depicted person did not engage.
    12    §  2. Paragraph a of subdivision 2 of section 52-c of the civil rights
    13  law, as added by chapter 304 of the laws of 2020, is amended to read  as
    14  follows:
    15    a. A depicted individual shall have a cause of action against a person
    16  who,  discloses,  disseminates  or  publishes  or threatens to disclose,
    17  disseminate  or  publish  sexually  explicit  material  related  to  the
    18  depicted  individual,  and  the  person  knows or reasonably should have
    19  known the depicted individual in that material did not  consent  to  its
    20  creation, disclosure, dissemination, or publication.
    21    §  3.  This  act  shall take effect on the sixtieth day after it shall
    22  have become a law; provided, however, that if chapter 304 of the laws of
    23  2020 shall not have taken effect on or before such date then section two
    24  of this act shall take effect on the same date and in the same manner as
    25  such chapter of the laws of 2020 takes effect.