NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5981 REVISED 04/09/19
SPONSOR: Braunstein TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the family court act and the civil rights law, in relation to
establishing the crime of unlawful dissemination or publication of an
intimate image
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the crime of unlawful dissemination or publication of an
intimate image and creates a private right of action for such crime.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill creates the crime of unlawful dissemination or
publication of an intimate image. A person is guilty of this crime when,
with intent to cause harm to the emotional, financial or physical
welfare of another person, he or she intentionally disseminates or
publishes an intimate still or video image of such other person, without
such person's consent. An intimate image is a still or video image which
shows the intimate parts of such person, or depicts such person engaging
in sexual conduct as defined in the penal law. Unlawful dissemination or
publication of an intimate image is a class A misdemeanor.
Sections 2 and 3 of the bill provide the family court with concurrent
jurisdiction over proceedings that would constitute unlawful dissem-
ination or publication of an intimate image between spouses or former
spouses, parents and children or members of the same family or house-
hold.
Section 4 of the bill creates a private right of action for an individ-
ual to pursue damages and injunctive relief against someone who unlaw-
fully disseminates or publishes an intimate image. The private right of
action is designed to work in conjunction with the criminal law, and
does not require that a criminal conviction or charge be obtained in
order to proceed. An individual can also commence a special proceeding
to obtain a court order to have an intimate image permanently removed
from the internet.
JUSTIFICATION:
In an era of increased text messaging, social networking, and emailing,
people in intimate relationships sometimes share pictures with each
other, some of which may be sexually explicit in nature. However, recip-
ients of these images do not always keep the images within the confines
of an intimate relationship, and have the ability to widely disseminate
the photos on the Internet.
The unlawful dissemination and publication of such intimate images, also
known as "revenge porn" is often provided to Internet websites, and
features photos sometimes accompanied by disparaging descriptions and
identifying details, such as where the victims live and work, as well as
links to their social network pages.
Posting these photographs online is damaging to the reputations of the
victims. These photographs have extensive negative effects, including
destroying future intimate relationships and educational and employment
opportunities. Victims are routinely threatened with sexual assault,
stalked, harassed, or fired from jobs.
This legislation adds a private right of action for unlawful dissem-
ination and publication images that would provide recourse to victims.
The private right of action is designed to work in conjunction with the
criminal law, and does not require that a criminal conviction or charge
be obtained in order to proceed. The victim will have a choice whether
to pursue a criminal or civil case, or both.
PRIOR LEGISLATIVE HISTORY:
2018 - A.11188-A/S.9019-A - Passed Assembly.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
