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NY A11188

Bill

Status

Engrossed

6/19/2018

Primary Sponsor

Edward Braunstein

Click for details

Origin

Assembly

2017-2018 General Assembly

AI Summary

  • Creates a new crime of "unlawful dissemination or publication of an intimate image" as a Class A misdemeanor when someone intentionally shares intimate images without consent with intent to cause material harm, where the image was taken with a reasonable expectation of privacy.

  • Defines "intimate image" as depicting unclothed or exposed intimate parts (genitals, pubic area, anus, or female nipple) or a person engaging in sexual conduct, and applies carve-outs for law enforcement, legal proceedings, medical treatment, voluntary commercial exposure, and legitimate public purposes.

  • Adds unlawful dissemination of intimate images to the list of offenses under concurrent jurisdiction of family and criminal courts in both the Criminal Procedure Law and Family Court Act.

  • Establishes civil right of action allowing individuals to sue for injunctive relief, punitive damages, compensatory damages, court costs, and attorney's fees for dissemination or publication of intimate images without consent.

  • Grants website and internet service providers subject to personal jurisdiction in New York the ability to be sued for hosting intimate images taken with reasonable expectation of privacy, and allows individuals to seek court orders for removal of such images.

Legislative Description

Establishes the crime of unlawful dissemination or publication of an intimate image and creates a private right of action for such crime.

Last Action

REFERRED TO RULES

6/19/2018

Committee Referrals

Rules6/19/2018
Rules6/14/2018
Codes6/13/2018

Full Bill Text

No bill text available