Establishes that when an actor threatens to disseminate or publish a still or video image depicting such other person with one or more intimate parts exposed or engaging in sexual conduct with another person, including a still or video image created or altered by digitization, where such person may reasonably be identified from the still or video image itself or from information displayed in connection with the still or video image within the provisions of unlawful dissemination or publication of an intimate image.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9955
SPONSOR: Braunstein TITLE OF BILL:
An act to amend the penal law, in relation to a threat to share an inti-
mate image
PURPOSE:
The purpose of this bill is to classify the threat to disseminate or
publish an intimate image or video as a criminal offense.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 245.15 of the penal law, as amended
by chapter 513 of the laws of 2023, is amended to include the threat to
disseminate or publish a still or video image including any digitized
still or video image.
Section 2. Is the enacting clause.
JUSTIFICATION:
In New York State, disseminating or publishing an intimate image or
video whether real or digitized without consent is a criminal offense.
In many situations, an intimate image or video is used as leverage in
the form of a threat or request. In cases of domestic violence or
harassment, the abuser may threaten to share the image or video if the
victim seeks help, leaves the relationship, or refuses to comply with
any other request.
In June of 2023, the Federal Bureau of Investigation (FBI) issued a
public service announcement regarding malicious actors utilizing artifi-
cial intelligence for explicit content creation and sextortion schemes.
Sextortion refers to when a bad actor claims to have intimate images or
videos of a victim to gain more content and/or money through the threat
to share publicly and/or with friends and family. In Pennsylvania, state
police have issued a warning on sextortion schemes noting the extreme
rise in reported cases. In October of 2023, male students at New Jersey
High School created "deepfakes," referring to AI-generated nude photos
or videos, of female students and circulated them invoking fear of false
digital footprints and immense humiliation. Civil Rights Law 52-b
affords a victim the ability to sue if someone has threatened to dissem-
inate or publish an intimate image or video. This bill would further
deem such a threat a criminal offense.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9955
IN ASSEMBLY
April 26, 2024
___________
Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to a threat to share an inti-
mate image
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
2 amended by chapter 513 of the laws of 2023, is amended to read as
3 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, they intentionally disseminate or publish a
8 still or video image or threaten to disseminate or publish a still or
9 video image depicting such other person, with one or more intimate parts
10 exposed or engaging in sexual conduct with another person, including
11 [an] a still or video image created or altered by digitization, where
12 such person may reasonably be identified from the still or video image
13 itself or from information displayed in connection with the still or
14 video image; and
15 (b) the actor knew or reasonably should have known that the person
16 depicted did not consent to such dissemination or publication, including
17 the dissemination or publication of [an] a still or video image taken
18 with the consent of the person depicted when such person had a reason-
19 able expectation that the still or video image would remain private,
20 regardless of whether the actor was present when such still or video
21 image was taken.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13498-03-3
