NY S08510

Creates Article 246 of the Penal Law establishing three offenses involving sexually explicit digital alterations: unlawful access (Class A misdemeanor), unlawful distribution in the second degree (Class E felony), and unlawful distribution in the first degree (Class D felony).

Applies to digitally altered sexually explicit depictions of individuals under 17 years old, including deepfakes and computer-generated images depicting real people in sexual conduct they did not engage in.

Establishes that persons under 18 years of age cannot consent to such depictions and disclaimers cannot serve as a defense to prosecution.

Extends statute of limitations for prosecution to five years after the victim reaches age 23 or the offense is reported to law enforcement, whichever is earlier.

Classifies Article 246 felonies as sex offenses requiring bail hearings, DNA collection, and sex offender registry requirements; excludes reporting of unlawful conduct, law enforcement purposes, and legitimate public interest speech from prosecution.