Assembly Bill A3596

Signed By Governor
2023-2024 Legislative Session

Prohibits unlawful dissemination or publication of intimate images created by digitization and of sexually explicit depictions of an individual; repealer

download bill text pdf

Sponsored By

Current Bill Status Via S1042 - Signed by Governor

  • 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

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Votes

Bill Amendments

co-Sponsors

2023-A3596 - Details

Law Section:
Penal Law
Laws Affected:
Amd §245.15, rpld §245.15 sub 2-a, Pen L; amd §52-c, Civ Rts L

2023-A3596 - Summary

Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image.

2023-A3596 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3596
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, DINOWITZ, SEAWRIGHT, DICKENS, GUNTHER,
   JACKSON, SIMON, STECK, ZINERMAN, McDONOUGH, SILLITTI, SEPTIMO --  read
   once and referred to the Committee on Codes
 
 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; and
   to repeal certain provisions of the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 245.15 of the penal law, as
 added by chapter 109 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   1.  A  person is guilty of unlawful dissemination or publication of an
 intimate image when:
   (a) with intent to cause harm to the emotional, financial or  physical
 welfare of another person, [he or she] THEY intentionally [disseminates]
 DISSEMINATE or [publishes] PUBLISH a still or video image [of] DEPICTING
 such other person[, who is identifiable] 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 MAY  REASON-
 ABLY BE IDENTIFIED from the still or video image itself or from informa-
 tion  displayed  in  connection  with the still or video image[, without
 such other person's consent, which depicts:
   (i) an unclothed or exposed intimate part of such other person; or
   (ii) such other person engaging in sexual conduct as defined in subdi-
 vision ten of section 130.00 of this chapter with another person]; and
   (b) [such still or video image was  [taken  under  circumstances]  THE
 ACTOR  KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON DEPICTED DID
 NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION, INCLUDING THE  DISSEM-
 INATION  OR PUBLICATION OF AN IMAGE TAKEN WITH THE CONSENT OF THE PERSON
 DEPICTED when [the] SUCH person [depicted] had a reasonable  expectation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03895-01-3

co-Sponsors

2023-A3596A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §245.15, rpld §245.15 sub 2-a, Pen L; amd §52-c, Civ Rts L

2023-A3596A (ACTIVE) - Summary

Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image.

2023-A3596A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3596--A
                                                          Cal. No. 16
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, DINOWITZ, SEAWRIGHT, DICKENS, GUNTHER,
   JACKSON, SIMON, STECK, ZINERMAN, McDONOUGH, SILLITTI, SEPTIMO,  KELLES
   --  read  once and referred to the Committee on Codes -- advanced to a
   third reading,  passed  by  Assembly  and  delivered  to  the  Senate,
   recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the penal law, in relation to unlawful dissemination  or
   publication of intimate images created by digitization and of sexually
   explicit depictions of an individual; and to repeal certain provisions
   of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 245.15 of the penal law, as
 added by chapter 109 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   1.  A  person is guilty of unlawful dissemination or publication of an
 intimate image when:
   (a) with intent to cause harm to the emotional, financial or  physical
 welfare of another person, [he or she] THEY intentionally [disseminates]
 DISSEMINATE or [publishes] PUBLISH a still or video image [of] DEPICTING
 such other person[, who is identifiable] 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 MAY  REASON-
 ABLY BE IDENTIFIED from the still or video image itself or from informa-
 tion  displayed  in  connection  with the still or video image[, without
 such other person's consent, which depicts:
   (i) an unclothed or exposed intimate part of such other person; or
   (ii) such other person engaging in sexual conduct as defined in subdi-
 vision ten of section 130.00 of this chapter with another person]; and
   (b) [such still or video image was  [taken  under  circumstances]  THE
 ACTOR  KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON DEPICTED DID
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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