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NY S06829

Bill

Status

Introduced

5/18/2021

Primary Sponsor

Diane Savino

Click for details

Origin

Senate

2021-2022 General Assembly

AI Summary

  • Creates new crime of aggravated harassment by electronic or digital communication as a Class A misdemeanor for producing, distributing, publishing or broadcasting deep fakes or intimate images with intent to harass, annoy, threaten or alarm another person.

  • Defines "deep fake" as a digitized image with a person's face or identifiable body part altered onto material depicting pornographic acts, lewd sex acts, or graphic violence, published without explicit written permission and for no legitimate purpose other than to harass, annoy, threaten or alarm.

  • Amends Civil Rights Law Section 52-b to add private right of action for unlawful dissemination of deep fakes, allowing victims to sue for injunctive relief, punitive damages, compensatory damages, and attorney's fees.

  • Amends Civil Rights Law Section 52-c to extend protections against disclosure of sexually explicit deep fakes, requiring written consent in plain language for creation and allowing victims to rescind consent within three business days under certain conditions.

  • Establishes statute of limitations of three years after dissemination or one year from discovery of the image, whichever is later; provides exemptions for law enforcement, legal proceedings, and matters of legitimate public concern.

Legislative Description

Establishes the crime of aggravated harassment by means of electronic or digital communication; provides for a private right of action for the unlawful dissemination or publication of deep fakes, which are digitized images which are altered to incorporate a person's face or their identifiable body part onto an image and such image depicts a pornographic or lewd sex act or graphic violence.

Last Action

COMMITTED TO RULES

6/3/2022

Committee Referrals

Rules6/3/2022
Codes5/18/2021

Full Bill Text

No bill text available