Bill Text: NY A03596 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Engrossed) 2023-06-06 - substituted by s1042a [A03596 Detail]

Download: New_York-2023-A03596-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3596

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by  M.  of A. PAULIN, DINOWITZ, SEAWRIGHT, DICKENS, GUNTHER,
          JACKSON, SIMON, STECK, ZINERMAN, McDONOUGH, SILLITTI, SEPTIMO --  read
          once and referred to the Committee on Codes

        AN  ACT  to amend the penal law and the civil rights 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 the penal law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 2 of section 245.15 of the penal law, as
     2  added by chapter 109 of the  laws  of  2019,  are  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, [he or she] they intentionally [disseminates]
     8  disseminate or [publishes] publish a still or video image [of] depicting
     9  such other person[, who is identifiable] with one or more intimate parts
    10  exposed  or engaging in sexual conduct with another person, including an
    11  image created or altered by digitization, where such person may  reason-
    12  ably be identified from the still or video image itself or from informa-
    13  tion  displayed  in  connection  with the still or video image[, without
    14  such other person's consent, which depicts:
    15    (i) an unclothed or exposed intimate part of such other person; or
    16    (ii) such other person engaging in sexual conduct as defined in subdi-
    17  vision ten of section 130.00 of this chapter with another person]; and
    18    (b) [such still or video image was  [taken  under  circumstances]  the
    19  actor  knew or reasonably should have known that the person depicted did
    20  not consent to such dissemination or publication, including the  dissem-
    21  ination  or publication of an image taken with the consent of the person
    22  depicted when [the] such person [depicted] had a reasonable  expectation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03895-01-3
        A. 3596                             2

     1  that  the  image  would remain private [and the actor knew or reasonably
     2  should have known the person depicted intended for the  still  or  video
     3  image  to  remain  private], regardless of whether the actor was present
     4  when [the still or video] such image was taken.
     5    2. For  purposes  of  this  section the following terms shall have the
     6  following meanings:
     7    (a)  "intimate    part"  means the naked genitals, pubic area, anus or
     8  female nipple of the person[.];
     9    (b) "disseminate"  and   "publish"   shall have the  same  meaning  as
    10  defined in section 250.40 of this title;
    11    (c)  "sexual conduct" shall have the same meaning as defined in subdi-
    12  vision ten of section 130.00 of this chapter; and
    13    (d) "digitization" shall mean to alter an image in a realistic  manner
    14  utilizing  an  image  or  images  of  a  person,  other  than the person
    15  depicted, or computer generated images.
    16    § 1-a. Subdivision 2-a of section 245.15 of the penal law is REPEALED.
    17    § 2. Paragraph a of subdivision 2 of section 52-c of the civil  rights
    18  law,  as added by chapter 304 of the laws of 2020, is amended to read as
    19  follows:
    20    a. A depicted individual shall have a cause of action against a person
    21  who, discloses, disseminates or publishes or with intent to  cause  harm
    22  to the emotional, financial or physical welfare of another person, he or
    23  she  threatens  to  disclose,  disseminate  or publish sexually explicit
    24  material related to the depicted individual, and  the  person  knows  or
    25  reasonably  should  have  known the depicted individual in that material
    26  did not consent to its creation, disclosure, dissemination, or  publica-
    27  tion.
    28    §  3.  This  act  shall take effect on the sixtieth day after it shall
    29  have become a law.