Bill Text: NY S06304 | 2021-2022 | General Assembly | Amended

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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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S06304 Detail]

Download: New_York-2021-S06304-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6304--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 21, 2021
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said committee -- recommitted to the Committee on Codes in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted 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 a 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.
                                                                   LBD10561-07-1
        S. 6304--B                          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 with intent to cause harm
    17  to the emotional, financial or physical welfare of another person, he or
    18  she threatens to disclose,  disseminate  or  publish  sexually  explicit
    19  material  related  to  the  depicted individual, and the person knows or
    20  reasonably should have known the depicted individual  in  that  material
    21  did  not consent to its creation, disclosure, dissemination, or publica-
    22  tion.
    23    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    24  have become a law.