S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1121
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law,  in  relation  to  creating  the  certain
   offenses  and  provisions  related  to the unlawful dissemination of a
   personal image; and to amend the civil  rights  law,  in  relation  to
   creating a private right of action for such offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law  is  amended  by  adding  four  new  sections
 250.70, 250.71, 250.72 and 250.73 to read as follows:
 § 250.70 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE; DEFINITIONS, APPLI-
            CATION.
   1.  THE  FOLLOWING  DEFINITIONS SHALL APPLY TO SECTIONS 250.71, 250.72
 AND 250.73 OF THIS ARTICLE:
   (A) "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE  WITH
 THE INTENT THAT IT BE VIEWED BY A PERSON;
   (B)  "CREATE"  MEANS  TO  USE OR INSTALL, OR PERMIT THE UTILIZATION OR
 INSTALLATION OF AN IMAGING DEVICE TO VIEW,  BROADCAST  AND/OR  RECORD  A
 VISUAL IMAGE OF ANOTHER PERSON;
   (C)  "DISSEMINATE"  MEANS TO GIVE, PROVIDE, LEND, DELIVER, MAIL, SEND,
 FORWARD, TRANSFER OR TRANSMIT, ELECTRONICALLY OR  OTHERWISE  TO  ANOTHER
 PERSON;
   (D) "IMAGING DEVICE" MEANS ANY MECHANICAL, DIGITAL OR ELECTRONIC VIEW-
 ING  DEVICE,  CAMERA,  CELLULAR PHONE OR ANY OTHER INSTRUMENT CAPABLE OF
 RECORDING, STORING OR TRANSMITTING VISUAL IMAGES THAT CAN BE UTILIZED TO
 OBSERVE A PERSON;
   (E) "PUBLISH" MEANS TO: (I) DISSEMINATE, AS DEFINED IN  PARAGRAPH  (C)
 OF  THIS  SUBDIVISION,  WITH  THE  INTENT  THAT  SUCH IMAGE OR IMAGES BE
 DISSEMINATED TO TEN OR MORE PERSONS; (II) DISSEMINATE  WITH  THE  INTENT
 THAT  SUCH  IMAGES  BE  SOLD  BY  ANOTHER  PERSON;  (III) POST, PRESENT,
 DISPLAY, EXHIBIT, CIRCULATE, ADVERTISE OR ALLOWS ACCESS,  ELECTRONICALLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02249-01-1

 A. 1121                             2
 
 OR  OTHERWISE, SO AS TO MAKE AN IMAGE OR IMAGES AVAILABLE TO THE PUBLIC;
 OR (IV) DISSEMINATE WITH THE INTENT THAT AN IMAGE OR IMAGES  BE  POSTED,
 PRESENTED, DISPLAYED, EXHIBITED, CIRCULATED, ADVERTISED OR MADE ACCESSI-
 BLE, ELECTRONICALLY OR OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAIL-
 ABLE TO THE PUBLIC.
   2. THE FOLLOWING PROVISIONS SHALL APPLY TO SECTIONS 250.71, 250.72 AND
 250.73 OF THIS ARTICLE:
   (A) THE PROVISIONS OF THESE SECTIONS SHALL NOT APPLY TO THE FOLLOWING:
   (I) THE REPORTING OF UNLAWFUL CONDUCT;
   (II)  THE  DISSEMINATION OR PUBLICATION OF AN IMAGE MADE DURING LAWFUL
 AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL  PROCEEDINGS  OR  MEDICAL
 TREATMENT;
   (III) IMAGES INVOLVING ACTIVITIES IN A PUBLIC SETTING OR ACTIVITIES IN
 A COMMERCIAL SETTING IN WHICH LEGAL ACTIVITIES ARE BEING CONDUCTED; OR
   (IV)  THE  DISSEMINATION OR PUBLICATION OF AN IMAGE MADE FOR A LEGITI-
 MATE PUBLIC PURPOSE.
   (B) NOTHING IN THESE SECTIONS 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.
 § 250.71 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE THIRD DEGREE.
   A  PERSON  IS  GUILTY OF UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN
 THE THIRD DEGREE  WHEN,  WITH  THE  INTENT  OF  HUMILIATING,  DEMEANING,
 DEGRADING  OR  ABUSING  A  PERSON  WHO HAS BEEN THE VICTIM OF AN OFFENSE
 DESCRIBED IN TITLE H OF THIS PART, OR  OTHERWISE  CAUSING  HARM  TO  THE
 EMOTIONAL, FINANCIAL OR PHYSICAL WELFARE OF SUCH VICTIM OR SUCH VICTIM'S
 FAMILY,  OR  WHEN,  FOR  HIS  OR HER OWN, OR ANOTHER PERSON'S AMUSEMENT,
 ENTERTAINMENT OR PROFIT, HE OR SHE INTENTIONALLY:
   1. (A) CREATES AND DISSEMINATES OR PUBLISHES A STILL OR VIDEO IMAGE OF
 SUCH VICTIM, WITHOUT THE VICTIM'S CONSENT, IN A MANNER THAT  HAS  NO  OR
 LIMITED CULTURAL OR SOCIAL VALUE; AND
   (B) THE VICTIM IS IDENTIFIABLE FROM THE STILL OR VIDEO IMAGE ITSELF OR
 FROM  INFORMATION DISPLAYED IN CONNECTION WITH THE STILL OR VIDEO IMAGE;
 AND
   (C) THE IMAGE DEPICTS THE COMMISSION OF THE OFFENSE AGAINST THE VICTIM
 OR PHYSICAL INJURY SUFFERED BY THE VICTIM AS A RESULT OF THE  COMMISSION
 OF THE OFFENSE; OR
   2. ACTING AS AN AGENT OF A PERSON WHO CREATES AN IMAGE AS DESCRIBED IN
 SUBDIVISION  ONE  OF  THIS  SECTION, HE OR SHE DISSEMINATES OR PUBLISHES
 SUCH IMAGE.
   UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE THIRD  DEGREE  IS  A
 CLASS B MISDEMEANOR.
 §  250.72  UNLAWFUL  DISSEMINATION  OF  A  PERSONAL  IMAGE IN THE SECOND
            DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF A  PERSONAL  IMAGE  IN
 THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF UNLAWFUL DISSEM-
 INATION OF A PERSONAL IMAGE IN THE THIRD DEGREE AND:
   1.  HE  OR  SHE  COMMITTED,  PARTICIPATED  IN  THE  COMMISSION  OF, OR
 CONSPIRED TO COMMIT THE OFFENSE AGAINST THE VICTIM; OR
   2. THE VICTIM SUFFERED SERIOUS PHYSICAL INJURY WHICH  IS  DEPICTED  IN
 THE UNLAWFULLY DISSEMINATED IMAGE; OR
   3.  HE  OR  SHE  HAS  BEEN  CONVICTED WITHIN THE PREVIOUS TEN YEARS OF
 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE THIRD DEGREE.
   UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE SECOND DEGREE  IS  A
 CLASS A MISDEMEANOR.
 § 250.73 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE FIRST DEGREE.

 A. 1121                             3
 
   A  PERSON IS GUILTY OF DISSEMINATION OF AN UNLAWFUL DISSEMINATION OF A
 PERSONAL IMAGE IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF
 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE THIRD DEGREE AND:
   1.  HE  OR  SHE  COMMITTED,  PARTICIPATED  IN  THE  COMMISSION  OF, OR
 CONSPIRED TO COMMIT AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED  TWENTY-
 FIVE OF THIS PART AGAINST THE VICTIM; OR
   2. THE VICTIM SUFFERED DEATH OR SERIOUS PHYSICAL INJURY AS A RESULT OF
 THE  APPLICATION  OF DEADLY PHYSICAL FORCE AND SUCH INJURY, DEATH OR THE
 APPLICATION OF DEADLY PHYSICAL  FORCE  IS  DEPICTED  IN  THE  UNLAWFULLY
 DISSEMINATED IMAGE; OR
   3.  HE  OR  SHE  HAS  BEEN  CONVICTED WITHIN THE PREVIOUS TEN YEARS OF
 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE SECOND DEGREE.
   UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE FIRST  DEGREE  IS  A
 CLASS E FELONY.
   §  2.  The civil rights law is amended by adding a new section 52-c to
 read as follows:
   § 52-C. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICA-
 TION OF A PERSONAL IMAGE. 1. ANY PERSON DEPICTED IN  A  STILL  OR  VIDEO
 IMAGE  WHICH  WAS UNLAWFULLY DISSEMINATED AS PROVIDED IN SECTION 250.71,
 250.72 OR 250.73 OF THE PENAL LAW SHALL HAVE A CAUSE OF  ACTION  AGAINST
 AN  INDIVIDUAL  WHO  DISSEMINATED OR PUBLISHED, OR THREATENED TO DISSEM-
 INATE OR PUBLISH, SUCH STILL OR VIDEO IMAGE WITHOUT THE CONSENT  OF  THE
 PERSON DEPICTED IN THE IMAGE.
   2.  IN  ANY  ACTION  COMMENCED  PURSUANT  TO  SUBDIVISION  ONE OF THIS
 SECTION, THE FINDER OF FACT, IN ITS  DISCRETION,  MAY  AWARD  INJUNCTIVE
 RELIEF,  PUNITIVE  DAMAGES,  COMPENSATORY  DAMAGES  AND REASONABLE COURT
 COSTS AND ATTORNEY'S FEES.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   A. THE REPORTING OF UNLAWFUL CONDUCT;
   B. THE DISSEMINATION OR PUBLICATION OF AN IMAGE MADE DURING LAWFUL AND
 COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL PROCEEDINGS OR MEDICAL TREAT-
 MENT;
   C. IMAGES INVOLVING ACTIVITIES IN A PUBLIC SETTING OR ACTIVITIES IN  A
 COMMERCIAL SETTING IN WHICH LEGAL ACTIVITIES ARE BEING CONDUCTED; OR
   D.  THE DISSEMINATION OR PUBLICATION OF AN IMAGE MADE FOR A LEGITIMATE
 PUBLIC PURPOSE.
   4. ANY PERSON DEPICTED IN A STILL OR VIDEO IMAGE WHICH WAS  UNLAWFULLY
 DISSEMINATED  AS  PROVIDED  IN  SECTION  250.71, 250.72 OR 250.73 OF THE
 PENAL LAW MAY MAINTAIN AN ACTION OR SPECIAL PROCEEDING FOR A COURT ORDER
 TO REQUIRE ANY WEBSITE THAT IS SUBJECT TO  PERSONAL  JURISDICTION  UNDER
 SUBDIVISION  FIVE  OF  THIS  SECTION TO PERMANENTLY REMOVE SUCH STILL OR
 VIDEO IMAGE; ANY SUCH COURT ORDER GRANTED PURSUANT TO  THIS  SUBDIVISION
 MAY  DIRECT  REMOVAL  ONLY  AS TO IMAGES THAT ARE REASONABLY WITHIN SUCH
 WEBSITE'S CONTROL.
   5. ANY WEBSITE THAT HOSTS OR TRANSMITS A STILL OR VIDEO  IMAGE,  VIEW-
 ABLE  IN  THIS  STATE,  WHICH WAS UNLAWFULLY DISSEMINATED AS PROVIDED IN
 SECTION 250.71, 250.72 OR 250.73 OF THE PENAL LAW  AND  WHICH  IMAGE  IS
 HOSTED  OR TRANSMITTED WITHOUT THE CONSENT OF THE PERSON DEPICTED IN THE
 IMAGE, SHALL BE SUBJECT TO PERSONAL JURISDICTION IN A  CIVIL  ACTION  IN
 THIS  STATE  TO  THE  MAXIMUM  EXTENT  PERMITTED UNDER THE UNITED STATES
 CONSTITUTION AND FEDERAL LAW.
   6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
 COMMENCED THE LATER OF EITHER:
   A. THREE YEARS AFTER THE DISSEMINATION OR PUBLICATION OF AN IMAGE; OR
   B. ONE YEAR FROM THE DATE A PERSON  DISCOVERS,  OR  REASONABLY  SHOULD
 HAVE DISCOVERED, THE DISSEMINATION OR PUBLICATION OF SUCH IMAGE.

 A. 1121                             4
 
   7. NOTHING HEREIN SHALL BE READ TO REQUIRE A PRIOR CRIMINAL COMPLAINT,
 PROSECUTION  OR  CONVICTION  TO  ESTABLISH  THE ELEMENTS OF THE CAUSE OF
 ACTION PROVIDED FOR BY THIS SECTION.
   8.  THE  PROVISIONS  OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT
 SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
   9. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO  ANY  PERSON
 OR  CIRCUMSTANCE  IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
 PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH  CAN  BE  GIVEN  EFFECT
 WITHOUT  THE  INVALID  PROVISION  OR  APPLICATION,  AND  TO THIS END THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   10. NOTHING IN THIS  SECTION  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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1121--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of A. BUTTENSCHON, GALEF, JACKSON, FALL -- read once
   and referred to the Committee on Codes -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the penal law,  in  relation  to  creating  the  certain
   offenses  and  provisions  related  to the unlawful dissemination of a
   personal image; and to amend the civil  rights  law,  in  relation  to
   creating a private right of action for such offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 250.70, 250.71, and 250.72 to read as follows:
 § 250.70 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE; DEFINITIONS, APPLI-
            CATION.
   1. THE FOLLOWING DEFINITIONS SHALL APPLY TO SECTIONS 250.71 AND 250.72
 OF THIS ARTICLE:
   (A)  "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
 THE INTENT THAT IT BE VIEWED BY A PERSON;
   (B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER,  MAIL,  SEND,
 FORWARD,  TRANSFER  OR  TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
 PERSON;
   (C) "PUBLISH" MEANS TO: (I) DISSEMINATE, AS DEFINED IN  PARAGRAPH  (B)
 OF  THIS  SUBDIVISION,  WITH  THE  INTENT  THAT  SUCH IMAGE OR IMAGES BE
 DISSEMINATED TO TEN OR MORE PERSONS; (II) DISSEMINATE  WITH  THE  INTENT
 THAT  SUCH  IMAGES  BE  SOLD  BY  ANOTHER  PERSON;  (III) POST, PRESENT,
 DISPLAY, EXHIBIT, CIRCULATE, ADVERTISE OR ALLOWS ACCESS,  ELECTRONICALLY
 OR  OTHERWISE, SO AS TO MAKE AN IMAGE OR IMAGES AVAILABLE TO THE PUBLIC;
 OR (IV) DISSEMINATE WITH THE INTENT THAT AN IMAGE OR IMAGES  BE  POSTED,
 PRESENTED, DISPLAYED, EXHIBITED, CIRCULATED, ADVERTISED OR MADE ACCESSI-
 BLE, ELECTRONICALLY OR OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAIL-
 ABLE TO THE PUBLIC.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02249-03-1

 A. 1121--A                          2
 
   2.  THE FOLLOWING PROVISIONS SHALL APPLY TO SECTIONS 250.71 AND 250.72
 OF THIS ARTICLE:
   (A) THE PROVISIONS OF THESE SECTIONS SHALL NOT APPLY TO THE FOLLOWING:
   (I) THE REPORTING OF UNLAWFUL CONDUCT;
   (II)  THE  DISSEMINATION OR PUBLICATION OF AN IMAGE MADE DURING LAWFUL
 AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL  PROCEEDINGS  OR  MEDICAL
 TREATMENT;
   (III) IMAGES INVOLVING ACTIVITIES IN A PUBLIC SETTING OR ACTIVITIES IN
 A COMMERCIAL SETTING IN WHICH LEGAL ACTIVITIES ARE BEING CONDUCTED; OR
   (IV)  THE  DISSEMINATION OR PUBLICATION OF AN IMAGE MADE FOR A LEGITI-
 MATE PUBLIC PURPOSE.
   (B) NOTHING IN THESE SECTIONS 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.
   3.  WITH  RESPECT  TO  SECTIONS 250.71 AND 250.72 OF THIS ARTICLE, THE
 PROVISIONS OF SUBDIVISION TWO OF SECTION 235.15 AND SUBDIVISIONS ONE AND
 TWO OF SECTION 235.24 OF THIS PART SHALL APPLY.
 § 250.71 UNLAWFUL DISSEMINATION  OF  A  PERSONAL  IMAGE  IN  THE  SECOND
            DEGREE.
   A  PERSON  IS  GUILTY OF UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN
 THE SECOND DEGREE WHEN, WITH THE INTENT OF DEGRADING OR ABUSING A PERSON
 WHO HAS BEEN THE VICTIM OF A CRIME DESCRIBED IN TITLE H OF THIS PART, OR
 OTHERWISE CAUSING HARM TO THE EMOTIONAL, FINANCIAL OR  PHYSICAL  WELFARE
 OF SUCH VICTIM OR SUCH VICTIM'S FAMILY, OR FOR THE ACTOR'S OWN OR ANOTH-
 ER PERSON'S AMUSEMENT, ENTERTAINMENT OR PROFIT, THE ACTOR INTENTIONALLY:
   1. (A) CREATES AND DISSEMINATES OR PUBLISHES A STILL OR VIDEO IMAGE OF
 SUCH  VICTIM,  WITHOUT  THE VICTIM'S CONSENT, IN A MANNER THAT HAS NO OR
 MINIMAL CULTURAL OR SOCIAL VALUE; AND
   (B) THE VICTIM IS IDENTIFIABLE FROM THE STILL OR VIDEO IMAGE ITSELF OR
 FROM INFORMATION DISPLAYED IN CONNECTION WITH THE STILL OR VIDEO  IMAGE;
 AND
   (C)  THE  IMAGE DEPICTS THE COMMISSION OF THE CRIME AGAINST THE VICTIM
 OR PHYSICAL INJURY SUFFERED BY THE VICTIM AS A RESULT OF THE  COMMISSION
 OF THE CRIME; OR
   2.  ACTING  AS AN AGENT OF THE ACTOR WHO CREATED AN IMAGE IN VIOLATION
 OF SUBDIVISION ONE OF THIS SECTION, HE OR SHE KNOWINGLY DISSEMINATES  OR
 PUBLISHES SUCH IMAGE.
   UNLAWFUL  DISSEMINATION  OF A PERSONAL IMAGE IN THE SECOND DEGREE IS A
 CLASS B MISDEMEANOR.
 § 250.72 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF A  PERSONAL  IMAGE  IN
 THE  FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF UNLAWFUL DISSEM-
 INATION OF A PERSONAL IMAGE IN THE SECOND DEGREE AND:
   1. HE  OR  SHE  COMMITTED,  PARTICIPATED  IN  THE  COMMISSION  OF,  OR
 CONSPIRED  TO  COMMIT  THE  CRIME  THAT  RESULTED IN SUCH INJURY TO SUCH
 VICTIM; OR
   2. THE VICTIM SUFFERED SERIOUS  PHYSICAL  INJURY  OR  DEATH  WHICH  IS
 DEPICTED IN THE UNLAWFULLY DISSEMINATED IMAGE.
   UNLAWFUL  DISSEMINATION  OF  A PERSONAL IMAGE IN THE FIRST DEGREE IS A
 CLASS A MISDEMEANOR.
   § 2. The civil rights law is amended by adding a new section  52-d  to
 read as follows:
   § 52-D. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICA-
 TION  OF  A  PERSONAL  IMAGE. 1. ANY CRIME VICTIM DEPICTED IN A STILL OR
 VIDEO IMAGE WHICH WAS UNLAWFULLY DISSEMINATED  AS  PROVIDED  IN  SECTION

 A. 1121--A                          3
 
 250.71  OR  250.72 OF THE PENAL LAW SHALL HAVE A CAUSE OF ACTION AGAINST
 SUCH INDIVIDUAL WHO DISSEMINATED OR PUBLISHED SUCH STILL OR VIDEO  IMAGE
 WITHOUT THE CONSENT OF THE PERSON DEPICTED IN THE IMAGE.
   2.  IN  ANY  ACTION  COMMENCED  PURSUANT  TO  SUBDIVISION  ONE OF THIS
 SECTION, THE FINDER OF FACT, IN ITS  DISCRETION,  MAY  AWARD  INJUNCTIVE
 RELIEF,  PUNITIVE  DAMAGES,  COMPENSATORY  DAMAGES  AND REASONABLE COURT
 COSTS AND ATTORNEYS' FEES.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   A. THE REPORTING OF UNLAWFUL CONDUCT;
   B. THE DISSEMINATION OR  PUBLICATION  OF  AN  IMAGE  MADE  DURING  LAW
 ENFORCEMENT ACTIVITIES, LEGAL PROCEEDINGS OR MEDICAL TREATMENT;
   C.  IMAGES INVOLVING ACTIVITIES IN A PUBLIC SETTING OR ACTIVITIES IN A
 COMMERCIAL SETTING IN WHICH LEGAL ACTIVITIES ARE BEING CONDUCTED; OR
   D. THE DISSEMINATION OR PUBLICATION OF AN IMAGE MADE FOR A  LEGITIMATE
 PUBLIC PURPOSE.
   4.  ANY SUCH CRIME VICTIM DEPICTED IN A STILL OR VIDEO IMAGE WHICH WAS
 UNLAWFULLY DISSEMINATED AS PROVIDED IN SECTION 250.71 OR 250.72  OF  THE
 PENAL  LAW,  OR  SUCH PERSON'S ESTATE, MAY MAINTAIN AN ACTION OR SPECIAL
 PROCEEDING FOR A COURT ORDER TO REQUIRE ANY WEBSITE THAT IS  SUBJECT  TO
 PERSONAL  JURISDICTION  UNDER SUBDIVISION FIVE OF THIS SECTION TO PERMA-
 NENTLY REMOVE SUCH STILL OR VIDEO IMAGE; ANY SUCH  COURT  ORDER  GRANTED
 PURSUANT  TO  THIS SUBDIVISION MAY DIRECT REMOVAL ONLY AS TO IMAGES THAT
 ARE REASONABLY WITHIN SUCH WEBSITE'S CONTROL.
   5. ANY WEBSITE THAT HOSTS OR TRANSMITS A STILL OR VIDEO  IMAGE,  VIEW-
 ABLE  IN  THIS  STATE,  WHICH WAS UNLAWFULLY DISSEMINATED AS PROVIDED IN
 SECTION 250.71 OR 250.72 OF THE PENAL LAW AND WHICH IMAGE IS  HOSTED  OR
 TRANSMITTED  WITHOUT  THE  CONSENT  OF THE PERSON DEPICTED IN THE IMAGE,
 SHALL BE SUBJECT TO PERSONAL JURISDICTION IN  A  CIVIL  ACTION  IN  THIS
 STATE  TO THE MAXIMUM EXTENT PERMITTED UNDER THE UNITED STATES CONSTITU-
 TION AND FEDERAL LAW.
   6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
 COMMENCED THE LATER OF EITHER:
   A. THREE YEARS AFTER THE DISSEMINATION OR PUBLICATION OF  SUCH  IMAGE;
 OR
   B.  ONE YEAR FROM THE DATE THE PLAINTIFF OR PETITIONERS DISCOVERED, OR
 REASONABLY SHOULD HAVE DISCOVERED, SUCH DISSEMINATION OR PUBLICATION  OF
 SUCH IMAGE.
   7.  NOTHING  IN THIS SECTION SHALL BE READ TO REQUIRE A PRIOR CRIMINAL
 COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE  ELEMENTS  OF  THE
 CAUSE OF ACTION PROVIDED FOR BY THIS SECTION.
   8.  THE  PROVISIONS  OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT
 SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
   9. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO  ANY  PERSON
 OR  CIRCUMSTANCE  IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
 PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH  CAN  BE  GIVEN  EFFECT
 WITHOUT  THE  INVALID  PROVISION  OR  APPLICATION,  AND  TO THIS END THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   10. NOTHING IN THIS  SECTION  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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1121--B
                                                          Cal. No. 62
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON,  GALEF, JACKSON, FALL, GUNTHER,
   ABINANTI, SILLITTI, JONES, JACOBSON, CONRAD, GRIFFIN -- read once  and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place on the order of third reading
 
 AN ACT to amend the penal law,  in  relation  to  creating  the  certain
   offenses  and  provisions  related  to the unlawful dissemination of a
   personal image; and to amend the civil  rights  law,  in  relation  to
   creating a private right of action for such offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Bianca's Law".
   § 2. The penal law is amended by adding  three  new  sections  250.70,
 250.71, and 250.72 to read as follows:
 § 250.70 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE; DEFINITIONS, APPLI-
            CATION.
   1. THE FOLLOWING DEFINITIONS SHALL APPLY TO SECTIONS 250.71 AND 250.72
 OF THIS ARTICLE:
   (A)  "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
 THE INTENT THAT IT BE VIEWED BY A PERSON;
   (B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER,  MAIL,  SEND,
 FORWARD,  TRANSFER  OR  TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
 PERSON;
   (C) "PUBLISH" MEANS TO: (I) DISSEMINATE, AS DEFINED IN  PARAGRAPH  (B)
 OF  THIS  SUBDIVISION,  WITH  THE  INTENT  THAT  SUCH IMAGE OR IMAGES BE
 DISSEMINATED TO TEN OR MORE PERSONS; (II) DISSEMINATE  WITH  THE  INTENT
 THAT  SUCH  IMAGES  BE  SOLD  BY  ANOTHER  PERSON;  (III) POST, PRESENT,
 DISPLAY, EXHIBIT, CIRCULATE, ADVERTISE OR ALLOWS ACCESS,  ELECTRONICALLY
 OR  OTHERWISE, SO AS TO MAKE AN IMAGE OR IMAGES AVAILABLE TO THE PUBLIC;
 OR (IV) DISSEMINATE WITH THE INTENT THAT AN IMAGE OR IMAGES  BE  POSTED,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02249-05-1
 A. 1121--B                          2
 
 PRESENTED, DISPLAYED, EXHIBITED, CIRCULATED, ADVERTISED OR MADE ACCESSI-
 BLE, ELECTRONICALLY OR OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAIL-
 ABLE TO THE PUBLIC.
   2.  THE FOLLOWING PROVISIONS SHALL APPLY TO SECTIONS 250.71 AND 250.72
 OF THIS ARTICLE:
   (A) THE PROVISIONS OF THESE SECTIONS SHALL NOT APPLY TO THE FOLLOWING:
   (I) THE REPORTING OF UNLAWFUL CONDUCT;
   (II) THE DISSEMINATION OR PUBLICATION OF AN IMAGE MADE  DURING  LAWFUL
 AND  COMMON  PRACTICES  OF LAW ENFORCEMENT, LEGAL PROCEEDINGS OR MEDICAL
 TREATMENT;
   (III) IMAGES INVOLVING ACTIVITIES IN A PUBLIC SETTING OR ACTIVITIES IN
 A COMMERCIAL SETTING IN WHICH LEGAL ACTIVITIES ARE BEING CONDUCTED; OR
   (IV) THE DISSEMINATION OR PUBLICATION OF AN IMAGE MADE FOR  A  LEGITI-
 MATE PUBLIC PURPOSE.
   (B)  NOTHING  IN  THESE  SECTIONS  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.
   3. WITH RESPECT TO SECTIONS 250.71 AND 250.72  OF  THIS  ARTICLE,  THE
 PROVISIONS OF SUBDIVISION TWO OF SECTION 235.15 AND SUBDIVISIONS ONE AND
 TWO OF SECTION 235.24 OF THIS PART SHALL APPLY.
 §  250.71  UNLAWFUL  DISSEMINATION  OF  A  PERSONAL  IMAGE IN THE SECOND
            DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF A  PERSONAL  IMAGE  IN
 THE SECOND DEGREE WHEN, WITH THE INTENT OF DEGRADING OR ABUSING A PERSON
 WHO HAS BEEN THE VICTIM OF A CRIME DESCRIBED IN TITLE H OF THIS PART, OR
 OTHERWISE  CAUSING  HARM TO THE EMOTIONAL, FINANCIAL OR PHYSICAL WELFARE
 OF SUCH VICTIM OR SUCH VICTIM'S FAMILY, OR FOR THE ACTOR'S OWN OR ANOTH-
 ER PERSON'S AMUSEMENT, ENTERTAINMENT OR PROFIT, THE ACTOR INTENTIONALLY:
   1. (A) CREATES AND DISSEMINATES OR PUBLISHES A STILL OR VIDEO IMAGE OF
 SUCH VICTIM, WITHOUT THE VICTIM'S CONSENT, IN A MANNER THAT  HAS  NO  OR
 MINIMAL CULTURAL OR SOCIAL VALUE; AND
   (B) THE VICTIM IS IDENTIFIABLE FROM THE STILL OR VIDEO IMAGE ITSELF OR
 FROM  INFORMATION DISPLAYED IN CONNECTION WITH THE STILL OR VIDEO IMAGE;
 AND
   (C) THE IMAGE DEPICTS THE COMMISSION OF THE CRIME AGAINST  THE  VICTIM
 OR  PHYSICAL INJURY SUFFERED BY THE VICTIM AS A RESULT OF THE COMMISSION
 OF THE CRIME; OR
   2. ACTING AS AN AGENT OF THE ACTOR WHO CREATED AN IMAGE  IN  VIOLATION
 OF  SUBDIVISION ONE OF THIS SECTION, HE OR SHE KNOWINGLY DISSEMINATES OR
 PUBLISHES SUCH IMAGE.
   UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE SECOND DEGREE  IS  A
 CLASS B MISDEMEANOR.
 § 250.72 UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY OF UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN
 THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF UNLAWFUL  DISSEM-
 INATION OF A PERSONAL IMAGE IN THE SECOND DEGREE AND:
   1.  HE  OR  SHE  COMMITTED,  PARTICIPATED  IN  THE  COMMISSION  OF, OR
 CONSPIRED TO COMMIT THE CRIME THAT  RESULTED  IN  SUCH  INJURY  TO  SUCH
 VICTIM; OR
   2.  THE  VICTIM  SUFFERED  SERIOUS  PHYSICAL  INJURY OR DEATH WHICH IS
 DEPICTED IN THE UNLAWFULLY DISSEMINATED IMAGE.
   UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE IN THE FIRST  DEGREE  IS  A
 CLASS A MISDEMEANOR.
   §  3.  The civil rights law is amended by adding a new section 52-d to
 read as follows:
 A. 1121--B                          3
 
   § 52-D. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICA-
 TION OF A PERSONAL IMAGE. 1. ANY CRIME VICTIM DEPICTED  IN  A  STILL  OR
 VIDEO  IMAGE  WHICH  WAS  UNLAWFULLY DISSEMINATED AS PROVIDED IN SECTION
 250.71 OR 250.72 OF THE PENAL LAW SHALL HAVE A CAUSE OF  ACTION  AGAINST
 SUCH  INDIVIDUAL WHO DISSEMINATED OR PUBLISHED SUCH STILL OR VIDEO IMAGE
 WITHOUT THE CONSENT OF THE PERSON DEPICTED IN THE IMAGE.
   2. IN ANY  ACTION  COMMENCED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  FINDER  OF  FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE
 RELIEF, PUNITIVE DAMAGES,  COMPENSATORY  DAMAGES  AND  REASONABLE  COURT
 COSTS AND ATTORNEYS' FEES.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   A. THE REPORTING OF UNLAWFUL CONDUCT;
   B.  THE  DISSEMINATION  OR  PUBLICATION  OF  AN  IMAGE MADE DURING LAW
 ENFORCEMENT ACTIVITIES, LEGAL PROCEEDINGS OR MEDICAL TREATMENT;
   C. IMAGES INVOLVING ACTIVITIES IN A PUBLIC SETTING OR ACTIVITIES IN  A
 COMMERCIAL SETTING IN WHICH LEGAL ACTIVITIES ARE BEING CONDUCTED; OR
   D.  THE DISSEMINATION OR PUBLICATION OF AN IMAGE MADE FOR A LEGITIMATE
 PUBLIC PURPOSE.
   4. ANY SUCH CRIME VICTIM DEPICTED IN A STILL OR VIDEO IMAGE WHICH  WAS
 UNLAWFULLY  DISSEMINATED  AS PROVIDED IN SECTION 250.71 OR 250.72 OF THE
 PENAL LAW, OR SUCH PERSON'S ESTATE, MAY MAINTAIN AN  ACTION  OR  SPECIAL
 PROCEEDING  FOR  A COURT ORDER TO REQUIRE ANY WEBSITE THAT IS SUBJECT TO
 PERSONAL JURISDICTION UNDER SUBDIVISION FIVE OF THIS SECTION  TO  PERMA-
 NENTLY  REMOVE  SUCH  STILL OR VIDEO IMAGE; ANY SUCH COURT ORDER GRANTED
 PURSUANT TO THIS SUBDIVISION MAY DIRECT REMOVAL ONLY AS TO  IMAGES  THAT
 ARE REASONABLY WITHIN SUCH WEBSITE'S CONTROL.
   5.  ANY  WEBSITE THAT HOSTS OR TRANSMITS A STILL OR VIDEO IMAGE, VIEW-
 ABLE IN THIS STATE, WHICH WAS UNLAWFULLY  DISSEMINATED  AS  PROVIDED  IN
 SECTION  250.71  OR 250.72 OF THE PENAL LAW AND WHICH IMAGE IS HOSTED OR
 TRANSMITTED WITHOUT THE CONSENT OF THE PERSON  DEPICTED  IN  THE  IMAGE,
 SHALL  BE  SUBJECT  TO  PERSONAL  JURISDICTION IN A CIVIL ACTION IN THIS
 STATE TO THE MAXIMUM EXTENT PERMITTED UNDER THE UNITED STATES  CONSTITU-
 TION AND FEDERAL LAW.
   6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
 COMMENCED THE LATER OF EITHER:
   A.  THREE  YEARS AFTER THE DISSEMINATION OR PUBLICATION OF SUCH IMAGE;
 OR
   B. ONE YEAR FROM THE DATE THE PLAINTIFF OR PETITIONERS DISCOVERED,  OR
 REASONABLY  SHOULD HAVE DISCOVERED, SUCH DISSEMINATION OR PUBLICATION OF
 SUCH IMAGE.
   7. NOTHING IN THIS SECTION SHALL BE READ TO REQUIRE A  PRIOR  CRIMINAL
 COMPLAINT,  PROSECUTION  OR  CONVICTION TO ESTABLISH THE ELEMENTS OF THE
 CAUSE OF ACTION PROVIDED FOR BY THIS SECTION.
   8. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO,  BUT  SHALL  NOT
 SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
   9.  IF  ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON
 OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT  AFFECT  OTHER
 PROVISIONS  OR  APPLICATIONS  OF  THIS SECTION WHICH CAN BE GIVEN EFFECT
 WITHOUT THE INVALID PROVISION  OR  APPLICATION,  AND  TO  THIS  END  THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   10.  NOTHING  IN  THIS  SECTION  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.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.