Bill Text: NY A06862 | 2021-2022 | 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; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A06862 Detail]

Download: New_York-2021-A06862-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6862--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 13, 2021
                                       ___________

        Introduced  by  M.  of A. PAULIN, DINOWITZ, SEAWRIGHT, DICKENS, FRONTUS,
          GALEF, GUNTHER, JACKSON, SIMON, STECK, ZINERMAN, McDONOUGH,  SILLITTI,
          SEPTIMO -- read once and referred to the Committee on Codes -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee -- again reported from  said  committee  with
          amendments,  ordered  reprinted  as  amended  and  recommitted to said
          committee

        AN ACT to amend the penal law and the civil rights law, in  relation  to
          unlawful  dissemination  or  publication of intimate images created by
          digitization and of sexually explicit depictions of an individual

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

     1    Section  1. Subdivision 1 of section 245.15 of the penal law, as added
     2  by chapter 109 of the laws of 2019, is amended and a new subdivision 2-b
     3  is added to read as 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  intentionally  disseminates  or
     8  publishes  a still or video, including an image created by digitization,
     9  image of such other person, who is identifiable from the still or  video
    10  image  itself or from information displayed in connection with the still
    11  or video image, without such other person's consent, which depicts:
    12    (i) an unclothed or exposed intimate part of such other person; or
    13    (ii) such other person engaging in sexual conduct as defined in subdi-
    14  vision ten of section 130.00 of this chapter with another person; and
    15    (b) such still or video image was:
    16    (i) taken under circumstances when the person depicted had  a  reason-
    17  able  expectation that the image would remain private and the actor knew
    18  or reasonably should have known the person  depicted  intended  for  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10561-06-1
        A. 6862--B                          2

     1  still  or video image to remain private, regardless of whether the actor
     2  was present when the still or video image was taken[.]; or
     3    (ii)  created  by digitization and the actor knew or reasonably should
     4  have known the person depicted did not consent to its creation or to its
     5  dissemination or publication.
     6    2-b. For purposes of this  section  "digitization"  means  to  realis-
     7  tically depict any of the following:
     8    (a)  The nude body parts of another human being as the nude body parts
     9  of the depicted person.
    10    (b) Computer-generated nude body parts as the nude body parts  of  the
    11  depicted person.
    12    (c)  The  depicted  person  engaging  in  sexual  conduct in which the
    13  depicted person did not engage.
    14    § 2. Paragraph a of subdivision 2 of section 52-c of the civil  rights
    15  law,  as added by chapter 304 of the laws of 2020, is amended to read as
    16  follows:
    17    a. A depicted individual shall have a cause of action against a person
    18  who, discloses, disseminates or publishes or with intent to  cause  harm
    19  to the emotional, financial or physical welfare of another person, he or
    20  she  threatens  to  disclose,  disseminate  or publish sexually explicit
    21  material related to the depicted individual, and  the  person  knows  or
    22  reasonably  should  have  known the depicted individual in that material
    23  did not consent to its creation, disclosure, dissemination, or  publica-
    24  tion.
    25    §  3.  This  act  shall take effect on the sixtieth day after it shall
    26  have become a law.