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NY A11093

Bill

Status

Introduced

10/28/2020

Primary Sponsor

Marianne Buttenschon

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Creates three new criminal offenses under Penal Law for unlawful dissemination of a personal image: third degree (Class B misdemeanor), second degree (Class A misdemeanor), and first degree (Class E felony), with enhanced penalties for repeat offenses or involvement in underlying violent crimes.

  • Defines unlawful dissemination as creating and disseminating images of victims of certain offenses without consent with intent to humiliate or for amusement/profit, where the victim is identifiable and the image depicts the offense or resulting physical injury.

  • Establishes a private civil right of action under Civil Rights Law allowing victims to sue for injunctive relief, punitive damages, compensatory damages, and attorney's fees against individuals who disseminate unlawful images without consent.

  • Permits victims to seek court orders requiring websites subject to New York jurisdiction to permanently remove unlawfully disseminated images, with a statute of limitations of three years from dissemination or one year from discovery.

  • Exempts law enforcement activities, legal proceedings, medical treatment, images from public settings involving legal activities, and disseminations for legitimate public purposes from these provisions.

Legislative Description

Creates certain offenses and provisions related to the unlawful dissemination of a personal image; creates a private right of action for such offenses.

Last Action

referred to codes

10/28/2020

Committee Referrals

Codes10/28/2020

Full Bill Text

No bill text available