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A03596 Summary:

COSPNSRDinowitz, Seawright, Dickens, Gunther, Jackson, Simon, Steck, Zinerman, McDonough, Sillitti, Septimo, Kelles, Buttenschon, Peoples-Stokes
Amd 245.15, rpld 245.15 sub 2-a, Pen L
Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image.
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A03596 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the penal law, in relation to unlawful dissemination or publication of intimate images created by digitization and of sexually explicit depictions of an individual; and to repeal certain provisions of such law relating thereto   PURPOSE: This legislation will make it unlawful to disseminate or publicize inti- mate images created by digitization.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 and 2 of section 245.15 of the penal law to state that a person is guilty of unlawful dissemination or publica- tion of an intimate image when they intentionally disseminate or publish a still or video image depicting a person with one or more intimate parts exposed or engaging in sexual conduct with another person, includ- ing images created or altered by digitization where such person may be reasonably identified. This section also provides definitions. Section 1-a repeals subdivision 2-a of section 245.15 of the penal law. Section 3 provides the effective date.   JUSTIFICATION: In 2019, the legiSlature passed a law creating a crime for individuals who disseminate or publicize an intimate image of another person without such person's consent. This monumental legislation addressed the growing need for updated laws that reflect advancements in technology. Now, the creation of "deepfakes" demonstrates a need to update the law again. The term "deepfakes" describes the utilization of Al-generated technolo- gy to make images of fake events. This technology allows an individual to create extremely realistic videos, often pornographic, placing the face of one individual on the body of another. Concerningly, "deep- fakes" are being weaponized against innocent and unsuspecting victims and they are becoming increasingly more common. Forbes reported that at the beginning of 2019 there were approximately 8,000 "deepfake" videos online and just 9-months later that amount had doubled. More recently, Sensity, a cybersecurity firm, reported that of the 85,000 "deepfakes" currently circulating the web, 90 percent demonstrate nonconsensual porn. featuring women. As this technology improves, these "deepfakes" appear more realistic and it becomes nearly impossible to depict what is a real image and what is doctored. The weaponization Of these "deepfakes" against young women is extremely concerning. It is important we update the penal law to keep pace with advancements in technology. It is even more crucial that we create an avenue for victims to seek justice and hold their abusers accountable. This legislation will make it unlawful to disseminate or publicize digi- tized intimate images of another person without such person's consent.   PRIOR LEGISLATIVE HISTORY: A.6862b of 2021 and 2022, referred to codes. Same as S.6304b of 2021 and 2022, committed to rules.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
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