S T A T E O F N E W Y O R K
________________________________________________________________________
7211--B
2021-2022 Regular Sessions
I N S E N A T E
June 7, 2021
___________
Introduced by Sens. SAVINO, GRIFFO -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee on Codes in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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 and
Caroline'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,
PRESENTED, DISPLAYED, EXHIBITED, CIRCULATED, ADVERTISED OR MADE ACCESSI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02249-08-2
S. 7211--B 2
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:
S. 7211--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.
