NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3596A
SPONSOR: Paulin 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.
