NY State Senate Bill 2025-S7202

Senate Bill S7202

2025-2026 Legislative Session

Establishes the crimes of unlawful dissemination or publication of intimate images in the first, second, and third degree; repealer

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 03, 2025	referred to codes

co-Sponsors

2025-S7202 (ACTIVE) - Details

See Assembly Version of this Bill:: A7855
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §245.15, add §§245.15 - 245.18, Pen L; amd §30.10, CP L

2025-S7202 (ACTIVE) - Summary

Establishes the crimes of unlawful dissemination or publication of intimate images in the first, second, and third degree; defines terms and clarifies application of provisions relating to such crimes; extends the statute of limitations for such crimes; repeals provisions relating thereto.

2025-S7202 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7202

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing crimes for
the unlawful dissemination or publication of an intimate image; to amend
the criminal procedure law, in relation to the statute of limitations
for commencing cases related to the unlawful dissemination or publica-
tion of an intimate image; and to repeal section 245.15 of the penal law
relating to the unlawful dissemination or publication of an intimate
image

 
PURPOSE:

Updates the penal law and criminal procedure law relating to nonconsen-
sual image sharing

 
SUMMARY OF PROVISIONS:

Section 1 - repeals and reorganizes penal law section 245.15 governing
the crime of unlawful dissemination or publication of an intimate image,

and adds new sections 245.16, 245.17, and 245.18 enumerating degrees of
such crime, as follows:

245.15 subdivision 1 - Renumbers but substantively maintains existing
definitions of "intimate part," "disseminate" and "publish," "sexual
conduct," and "digitization."

245.15 subdivision 2 (a) - Renumbers but substantively maintains exist-
ing exemptions from this section, except for removing an exemption for
images involving voluntary exposure in a commercial setting.

245.15 subdivision 2 (b) - Renumbers but substantively maintains federal
code cross-reference.

245.15 subdivision 2 (c) - Adds new language that dissemination of
multiple images of the same individual as part of a common act shall be
considered a single offense.

245.15 subdivision 2 (d) - Adds new language that violations shall be
deemed to be committed within the state if any element of the offense
occurs in the state, and that prosecution may be in any jurisdiction in
which the offense was committed or victim resides.

245.16 - Creates the crime of unlawful dissemination or publication of
an intimate image in the third degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license. (Class A misdemeanor)

245.17 - Creates the crime of unlawful dissemination or publication of
an intimate image in the second degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license, and the person sharing
the image has previously been convicted of such crime in the third
degree, or commits such crime with intent to cause harm the emotional,
financial, or physical welfare or the person depicted. (Class E felony;
under current law Class A misdemeanor.)

245.18 - Creates the crime of unlawful dissemination or publication of
an intimate image in the first degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license, and the person sharing
the image has previously been convicted of such crime in the second
degree, or the person depicted was targeted due to their race, religion,
gender, sexual orientation, or other protected category.  (Class D felo-
ny.)

Section 2 - Amends subdivision 3 of section 30.10 of criminal procedure
law to add timelines for prosecutions of the crime of unlawful dissem-
ination or publication of an intimate image as follows:

30.10 (3) (i) - Prosecutions for such crime in the third degree must be
commenced within five years of the commission of the crime, or three
years after the aggrieved party should have discovered such crime in the
exercise of reasonable diligence, whichever is later.

30.10 (3) (ii) - Prosecutions for such crime in the first or second
degree must be commenced within seven years of the commission of the
crime, or three years after the aggrieved party should have discovered
such crime in the exercise of reasonable diligence, whichever is later.

Section 3 - Effective date

 
JUSTIFICATION:

The current state of online gender-based and sexual violence reveals a
troubling reality: women and girls are disproportionately targeted for
harassment and abuse. According to the White House Gender Policy Coun-
cil, about 85% of women and girls globally have experienced online
harassment, with 1 in 3 facing sexual harassment or stalking.

These acts are serious crimes that cause profound harm. A 2015 United
Nations report found that cyber violence is as damaging to women as
physical violence, and Amnesty International classifies online harass-
ment as a human rights issue. Online sexual violence frequently also
involves targeting of victims on the basis of sexual orientation, race,
or other identities.

Online sexual violence silences victims, driving them away from essen-
tial social and professional platforms. The psychological impact is
severe-90% suffer from mental health issues, and 50% contemplate
suicide. Victims often face doxxing, stalking, and threats, leading to
job losses and financial instability that impact entire communities.

The weaponization of images against women constitutes organized systemic
violence. It is essential to update penal law to deter the lasting harm
caused by such action and we must create avenues for victims to seek
justice and hold their abusers accountable.

New York has been a leader in protecting against online sexual violence.
Penal Law currently makes it a misdemeanor to distribute intimate images
without the consent of the individual depicted and with intent to cause
harm to that individual. Unfortunately, the high legal threshold of
proving intent to cause harm combined with the relatively low penalty
creates difficulty and disincentive to actually prosecute such abuses.

This legislation will strengthen the current law by shifting to a misde-
meanor structure for nonconsensual sharing of intimate images without
intent to harm but in which the sharer knew or should have known the
person depicted did not consent; and upgrading the potential charge to a
felony for cases in which the sharer did intend harm. The bill also
increases penalties when the victim is targeted on the basis of gender,
race, sexual orientation, religion, or membership in other protected
classes.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
60th day after it shall have become a law

2025-S7202 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7202
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2025
                                ___________
 
 Introduced  by Sens. HINCHEY, GOUNARDES -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to  establishing  crimes  for
   the  unlawful  dissemination  or  publication of an intimate image; to
   amend the criminal procedure law, in relation to the statute of  limi-
   tations  for commencing cases related to the unlawful dissemination or
   publication of an intimate image; and to repeal section 245.15 of  the
   penal  law relating to 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:
 
   Section  1.  Section  245.15 of the penal law is REPEALED and four new
 sections 245.15, 245.16, 245.17 and 245.18 are added to read as follows:
 § 245.15 UNLAWFUL DISSEMINATION OR PUBLICATION  OF  AN  INTIMATE  IMAGE;
            DEFINITIONS, APPLICATION.
   1.  THE  FOLLOWING DEFINITIONS SHALL APPLY TO SECTIONS 245.16, 245.17,
 AND 245.18 OF THIS ARTICLE:
   (A) "INTIMATE PART" MEANS THE NAKED  GENITALS,  PUBIC  AREA,  ANUS  OR
 FEMALE NIPPLE OF THE PERSON;
   (B) "DISSEMINATE" AND "PUBLISH" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION 250.40 OF THIS TITLE;
   (C)  "SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDI-
 VISION TEN OF SECTION 130.00 OF THIS PART; AND
   (D) "DIGITIZATION" SHALL MEAN TO ALTER AN IMAGE IN A REALISTIC  MANNER
 UTILIZING  AN  IMAGE  OR  IMAGES  OF  A  PERSON,  OTHER  THAN THE PERSON
 DEPICTED, OR COMPUTER-GENERATED IMAGES.
   2. THE FOLLOWING PROVISIONS SHALL APPLY TO  SECTIONS  245.16,  245.17,
 AND 245.18 OF THIS ARTICLE:
   (A)  THE  PROVISIONS  OF SECTIONS 245.16, 245.17, AND 245.18 SHALL NOT
 APPLY TO THE FOLLOWING:
   (I) THE REPORTING OF UNLAWFUL CONDUCT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11497-02-5

 S. 7202                             2
 
   (II) THE DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE MADE IN THE
 COURSE OF OFFICIAL LAW ENFORCEMENT DUTIES, LEGAL PROCEEDINGS OR CRIMINAL
 PROSECUTION, OR MEDICAL TREATMENT;
   (III) IMAGES INVOLVING VOLUNTARY EXPOSURE IN A PUBLIC SETTING; OR
   (IV)  DISSEMINATION  OR  PUBLICATION  OF  AN INTIMATE IMAGE MADE FOR A
 LEGITIMATE PUBLIC PURPOSE.
   (B) NOTHING IN SECTION 245.16, 245.17, OR 245.18 SHALL BE CONSTRUED TO
 LIMIT, OR TO ENLARGE, THE PROTECTIONS THAT 47 U.S.C § 230 CONFERS ON  AN
 INTERACTIVE COMPUTER SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION
 CONTENT PROVIDER, AS SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   (C)  DISSEMINATION  OF MULTIPLE INTIMATE IMAGES OF THE SAME INDIVIDUAL
 AS PART OF A COMMON ACT SHALL BE CONSIDERED A SINGLE OFFENSE.
   (D) (I) A VIOLATION OF SECTION 245.16,  245.17,  OR  245.18  SHALL  BE
 DEEMED  TO  BE  COMMITTED  WITHIN  THE  STATE  IF ANY CONDUCT THAT IS AN
 ELEMENT OF THE OFFENSE OCCURS WITHIN THE STATE.
   (II) PROSECUTION FOR A VIOLATION OF SECTION 245.16, 245.17, OR  245.18
 MAY  BE  HAD IN ANY JURISDICTION IN WHICH THE OFFENSE WAS COMMITTED OR A
 VICTIM RESIDES.
 § 245.16 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE  IMAGE  IN
            THE THIRD DEGREE.
   A  PERSON  IS  GUILTY  OF  UNLAWFUL DISSEMINATION OR PUBLICATION OF AN
 INTIMATE IMAGE IN THE THIRD DEGREE WHEN SUCH PERSON:
   1. INTENTIONALLY DISSEMINATES OR PUBLISHES  A  STILL  OR  VIDEO  IMAGE
 DEPICTING  ANOTHER  PERSON  WITH  ONE  OR MORE INTIMATE PARTS EXPOSED OR
 ENGAGING IN SEXUAL CONDUCT  WITH  ANOTHER  PERSON,  INCLUDING  AN  IMAGE
 CREATED  OR  ALTERED  BY  DIGITIZATION,  WHERE  SUCH PERSON DEPICTED MAY
 REASONABLY BE IDENTIFIED FROM THE STILL OR VIDEO IMAGE  ITSELF  OR  FROM
 INFORMATION DISPLAYED IN CONNECTION WITH THE STILL OR VIDEO IMAGE; AND
   2.  KNEW  OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON DEPICTED DID
 NOT CONSENT TO OR LICENSE SUCH DISSEMINATION OR  PUBLICATION,  INCLUDING
 THE  DISSEMINATION  OR PUBLICATION OF AN IMAGE TAKEN WITH THE CONSENT OF
 THE PERSON DEPICTED WHEN SUCH PERSON HAD A REASONABLE  EXPECTATION  THAT
 THE  IMAGE  WOULD  REMAIN  PRIVATE,  REGARDLESS OF WHETHER THE ACTOR WAS
 PRESENT WHEN SUCH IMAGE WAS TAKEN.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  AN  INTIMATE  IMAGE  IN  THE
 THIRD DEGREE IS A CLASS A MISDEMEANOR.
 § 245.17 UNLAWFUL  DISSEMINATION  OR PUBLICATION OF AN INTIMATE IMAGE IN
            THE SECOND DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN
 INTIMATE  IMAGE  IN THE SECOND DEGREE WHEN SUCH PERSON COMMITS THE CRIME
 OF UNLAWFUL DISSEMINATION OR PUBLICATION OF AN  INTIMATE  IMAGE  IN  THE
 THIRD DEGREE AND:
   1. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF UNLAWFUL DISSEMINATION
 OR PUBLICATION OF AN INTIMATE IMAGE IN THE THIRD DEGREE; OR
   2.  SUCH  PERSON  COMMITS  SUCH CRIME WITH INTENT TO CAUSE HARM TO THE
 EMOTIONAL, FINANCIAL OR PHYSICAL WELFARE OF THE PERSON DEPICTED  IN  THE
 INTIMATE IMAGE OR SECURES PECUNIARY GAIN FROM THE UNLAWFUL DISSEMINATION
 OR PUBLICATION OF THE INTIMATE IMAGE.
   UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN INTIMATE IMAGE IN THE
 SECOND DEGREE IS A CLASS E FELONY.
 § 245.18 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE  IMAGE  IN
            THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF  UNLAWFUL DISSEMINATION OR PUBLICATION OF AN
 INTIMATE IMAGE IN THE FIRST DEGREE WHEN SUCH PERSON COMMITS THE CRIME OF
 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE IN THE  THIRD
 DEGREE AND:
 S. 7202                             3
 
   1.  SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF UNLAWFUL
 DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE IN THE  SECOND  DEGREE
 AS DEFINED IN SUBDIVISION ONE OF SECTION 245.17 OF THIS ARTICLE; OR
   2. SUCH PERSON COMMITS THE CRIME OF UNLAWFUL DISSEMINATION OR PUBLICA-
 TION OF AN INTIMATE IMAGE IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
 TWO  OF  SECTION  245.17 OF THIS ARTICLE AND THE PERSON AGAINST WHOM THE
 OFFENSE IS COMMITTED IS TARGETED DUE TO SUCH  PERSON'S  RACE,  RELIGIOUS
 CONVICTION,  GENDER,  DISABILITY,  GENDER  IDENTITY, SEXUAL ORIENTATION,
 COLOR, OR ETHNIC OR NATIONAL ORIGIN.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  AN  INTIMATE  IMAGE  IN  THE
 FIRST DEGREE IS A CLASS D FELONY.
   §  2.  Subdivision 3 of section 30.10 of the criminal procedure law is
 amended by adding two new paragraphs (i) and (j) to read as follows:
   (I) A PROSECUTION FOR UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF  AN
 INTIMATE  IMAGE  IN THE THIRD DEGREE AS DEFINED IN SECTION 245.16 OF THE
 PENAL LAW MUST BE COMMENCED WITHIN FIVE YEARS OF THE COMMISSION  OF  THE
 CRIME,  OR,  IN THE EXERCISE OF REASONABLE DILIGENCE, WITHIN THREE YEARS
 AFTER THE AGGRIEVED PARTY SHOULD HAVE DISCOVERED  THE  UNLAWFUL  DISSEM-
 INATION OR PUBLICATION OF AN INTIMATE IMAGE, WHICHEVER IS LATER.
   (J)  A  PROSECUTION  FOR  UNLAWFUL  DISSEMINATION OR PUBLICATION OF AN
 INTIMATE IMAGE IN THE FIRST OR SECOND  DEGREE  AS  DEFINED  IN  SECTIONS
 245.16  AND 245.17 OF THE PENAL LAW MUST BE COMMENCED WITHIN SEVEN YEARS
 OF THE COMMISSION OF THE CRIME, OR, IN THE EXERCISE OF REASONABLE  DILI-
 GENCE,  WITHIN THREE YEARS AFTER THE AGGRIEVED PARTY SHOULD HAVE DISCOV-
 ERED THE UNLAWFUL DISSEMINATION OR PUBLICATION  OF  AN  INTIMATE  IMAGE,
 WHICHEVER IS LATER.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7202

Share this bill

Sponsored By

Michelle Hinchey