Bill Text: NY S04441 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04441 Detail]
Download: New_York-2023-S04441-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4441 2023-2024 Regular Sessions IN SENATE February 8, 2023 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the civil rights law, in relation to prohibiting speech-based defenses to actions brought against an indi- vidual for the unlawful dissemination or publication of an intimate image The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 245.15 of the penal law is amended by adding a new 2 subdivision 5 to read as follows: 3 5. It shall not be a defense to any criminal action brought against an 4 individual pursuant to this section that such dissemination or publica- 5 tion of an intimate image is protected by a right to free speech. 6 § 2. Section 52-b of the civil rights law is amended by adding a new 7 subdivision 6-a to read as follows: 8 6-a. It shall not be a defense to any civil action brought against an 9 individual pursuant to this section that such dissemination or publica- 10 tion of an intimate image is protected by a right to free speech. 11 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08921-01-3
