“Revenge Porn” Legislation Signed Into Law in New York

On Tuesday, July 23, 2019, Governor Cuomo signed a law, Senate Bill S1719C (A5981), which “establishes the crime of unlawful dissemination or publication of an intimate image” (a/k/a “revenge porn”).

The legislation, inter alia, amends the Penal Law by adding a new section (§ 245.15), titled “Unlawful dissemination or publication of an intimate image”, and (on the civil side) adds a new section, § 52-b, to the Civil Rights Law.

The new provisions of the Civil Rights Law include the following language:

§ 52-b. Private right of action for unlawful dissemination or publication of an intimate image.

1. Any person depicted in a still or video image, regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image:

a. was taken when such person had a reasonable expectation that the image would remain private; and

b. depicts (i) an unclothed or exposed intimate part of such person; or (ii) such person engaging in sexual conduct, as defined in subdivision ten of section 130.00 of the penal law, with another person; and

c. was disseminated or published, or threatened to be disseminated or published, without the consent of such person.

The law provides for various remedies, namely injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorney fees. Civil Rights Law § 52-b(2).

The act takes effect in 60 days.

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