Bill Text: NY A03596 | 2023-2024 | General Assembly | Amended

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Bill Title: Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Engrossed) 2023-06-06 - substituted by s1042a [A03596 Detail]

Download: New_York-2023-A03596-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3596--A
                                                                 Cal. No. 16

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by  M.  of A. PAULIN, DINOWITZ, SEAWRIGHT, DICKENS, GUNTHER,
          JACKSON, SIMON, STECK, ZINERMAN, McDONOUGH, SILLITTI, SEPTIMO,  KELLES
          --  read  once and referred to the Committee on Codes -- advanced to a
          third reading,  passed  by  Assembly  and  delivered  to  the  Senate,
          recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
          reprinted, retaining its place on the order of third reading

        AN ACT to amend the penal law, in relation to unlawful dissemination  or
          publication of intimate images created by digitization and of sexually
          explicit depictions of an individual; and to repeal certain provisions
          of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 2 of section 245.15 of the penal law, as
     2  added by chapter 109 of the  laws  of  2019,  are  amended  to  read  as
     3  follows:
     4    1.  A  person is guilty of unlawful dissemination or publication of an
     5  intimate image when:
     6    (a) with intent to cause harm to the emotional, financial or  physical
     7  welfare of another person, [he or she] they intentionally [disseminates]
     8  disseminate or [publishes] publish a still or video image [of] depicting
     9  such other person[, who is identifiable] with one or more intimate parts
    10  exposed  or engaging in sexual conduct with another person, including an
    11  image created or altered by digitization, where such person may  reason-
    12  ably be identified from the still or video image itself or from informa-
    13  tion  displayed  in  connection  with the still or video image[, without
    14  such other person's consent, which depicts:
    15    (i) an unclothed or exposed intimate part of such other person; or
    16    (ii) such other person engaging in sexual conduct as defined in subdi-
    17  vision ten of section 130.00 of this chapter with another person]; and
    18    (b) [such still or video image was  [taken  under  circumstances]  the
    19  actor  knew or reasonably should have known that the person depicted did

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03895-03-3
        A. 3596--A                          2

     1  not consent to such dissemination or publication, including the  dissem-
     2  ination  or publication of an image taken with the consent of the person
     3  depicted when [the] such person [depicted] had a reasonable  expectation
     4  that  the  image  would remain private [and the actor knew or reasonably
     5  should have known the person depicted intended for the  still  or  video
     6  image  to  remain  private], regardless of whether the actor was present
     7  when [the still or video] such image was taken.
     8    2. For  purposes  of  this  section the following terms shall have the
     9  following meanings:
    10    (a) "intimate  part" means the naked genitals,  pubic  area,  anus  or
    11  female nipple of the person[.];
    12    (b)  "disseminate"    and   "publish"   shall have the same meaning as
    13  defined in section 250.40 of this title;
    14    (c) "sexual conduct" shall have the same meaning as defined in  subdi-
    15  vision ten of section 130.00 of this chapter; and
    16    (d)  "digitization" shall mean to alter an image in a realistic manner
    17  utilizing an image  or  images  of  a  person,  other  than  the  person
    18  depicted, or computer generated images.
    19    § 2. Subdivision 2-a of section 245.15 of the penal law is REPEALED.
    20    §  3.  This  act  shall take effect on the sixtieth day after it shall
    21  have become a law.