Bill Text: NY A06874 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A06874 Detail]

Download: New_York-2023-A06874-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6874

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law and the civil rights law, in  relation  to
          prohibiting  speech-based defenses to actions brought against an indi-
          vidual for the unlawful dissemination or publication  of  an  intimate
          image

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 245.15 of the penal law is amended by adding a  new
     2  subdivision 5 to read as follows:
     3    5. It shall not be a defense to any criminal action brought against an
     4  individual  pursuant to this section that such dissemination or publica-
     5  tion of an intimate image is protected by a right to free speech.
     6    § 2. Section 52-b of the civil rights law is amended by adding  a  new
     7  subdivision 6-a to read as follows:
     8    6-a.  It shall not be a defense to any civil action brought against an
     9  individual pursuant to this section that such dissemination or  publica-
    10  tion of an intimate image is protected by a right to free speech.
    11    § 3. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08921-01-3