NY S09090

Establishes three new crimes in the Penal Law (§§ 250.70-250.73) for unlawful dissemination of personal images: third degree (Class B misdemeanor), second degree (Class A misdemeanor), and first degree (Class E felony).

Third degree offense requires intentional dissemination or publication of still or video images of a crime victim without consent, with intent to humiliate, demean, degrade, abuse, or cause harm, where the victim is identifiable and the image depicts the offense or resulting injury.

Second degree offense applies when the perpetrator committed or conspired to commit the underlying crime, the victim suffered serious physical injury depicted in the image, or the person has a prior conviction within ten years for this offense.

First degree felony applies when the perpetrator committed or conspired to commit a sex offense (Article 125) against the victim, the victim suffered death or serious injury from deadly physical force depicted in the image, or the person has a prior second degree conviction within ten years.

Adds Civil Rights Law § 52-c creating a private right of action allowing victims to sue for injunctive relief, punitive and compensatory damages, and attorney's fees; establishes three-year statute of limitations from dissemination or one year from discovery; permits court orders requiring website removal of unlawfully disseminated images.