NY State Senate Bill 2023-S1042A

Senate Bill S1042A

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

Current Bill Status - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 29, 2023	signed chap.513
Sep 19, 2023	delivered to governor
Jun 06, 2023	returned to senate passed assembly ordered to third reading cal.16 substituted for a3596a
May 22, 2023	referred to codes delivered to assembly passed senate
May 16, 2023	amended on third reading (t) 1042a
May 09, 2023	advanced to third reading
May 08, 2023	2nd report cal.
May 03, 2023	1st report cal.741
Jan 09, 2023	referred to codes

Votes

- May 22, 2023 - Floor Vote
  S1042A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 22, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Canzoneri-Fitzpatrick
      
      Parker
  May 1, 2023 - Codes Committee Vote
  S1042A
  
  10
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 1, 2023
      
      aye (10)
      
      Bailey
      
      Gallivan
      
      Harckham
      
      Hoylman-Sigal
      
      Kavanagh
      
      Murray
      
      Myrie
      
      O'Mara
      
      Persaud
      
      Ryan
      
      aye wr (3)
      
      Brisport
      
      Palumbo
      
      Sepúlveda

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S1042 - Details

See Assembly Version of this Bill:: A3596
Law Section:: Penal Law
Laws Affected:: Amd §245.15, rpld §245.15 sub 2-a, Pen L

2023-S1042 - Summary

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

2023-S1042 - Sponsor Memo

                                 
BILL NUMBER: S1042

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation will make it unlawful to disseminate or publicize inti-
mate images created by digitization.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 and 2 of section 245.15 of the penal law
to state that a person is guilty of unlawful dissemination or publica-
tion of an intimate image when they intentionally disseminate or publish
a still or video image depicting a person with one or more intimate
parts exposed or engaging in sexual conduct with another person, includ-

ing images created or altered by digitization where such person may be
reasonably identified. This section also provides definitions.

Section 1-a repeals subdivision 2-a of section 245.15 of the penal Law.

Section 2 amends paragraph a of subdivision 2 of section 52-c of the
civil rights law to provide that the depicted individual has a cause of
action against a person that discloses, disseminates, publishes, or with
intent to cause harm to the emotional, financial, or physical welfare of
another person, such person threatens to disclose, disseminate or
publish sexually explicit material related to the depicted individual.

Section provides the effective date.

 
JUSTIFICATION:

In 2019, the legislature passed a law creating a crime for individuals
who disseminate or publicize an intimate image of another person without
such person's consent. This monumental legislation addressed the growing
need for updated laws that reflect advancements in technology. Now, the
creation of "deepfakes" demonstrates a need to update the law again.

The term "deepfakes" describes the utilization of Al.-generated technol-
ogy to make images of fake events. This technology allows an individual
to create extremely realistic videos, often pornographic, placing the
face of one individual on the body of another.  Concerningly, "deep-
fakes" are being weaponized against innocent and unsuspecting victims
and they are becoming increasingly more common.  Forbes reported that at
the beginning of 2019 there were approximately 8,000 "deepfake" videos
online and just 9 months later that amount had doubled. More recently,
Sensity, a cybersecurity firm, reported that of the 85,000 "deepfakes"
currently circulating the web, 90 percent demonstrate nonconsensual porn
featuring women.  As this technology improves, these "deepfakes" appear
more realistic and it becomes nearly impossible to depict what is a real
image and what is doctored.


The weaponization of these "deepfakes" against young women is extremely
concerning. It is important we update the penal law to keep pace with
advancements in technology. It is even more crucial that we create an
avenue for victims to seek justice and hold their abusers accountable.
This legislation will make it unlawful to disseminate or publicize digi-
tized intimate images of another person without such person's consent.
This bill will also allow victims to pursue a private right of action
for this crime.

 
PRIOR LEGISLATIVE HISTORY:

A.6862b of 2021 and 2022, referred to codes. Same as S.6304b of 2021 and
2022, committed to rules.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S1042 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1042
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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
   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
 that the image would remain private [and the actor  knew  or  reasonably

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03895-01-3

 S. 1042                             2

 should  have  known  the person depicted intended for the still or video
 image to remain private], regardless of whether the  actor  was  present
 when [the still or video] SUCH image was taken.
   2. For  purposes  of  this  section THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (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 CHAPTER; 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.
   § 1-a. Subdivision 2-a of section 245.15 of the penal law is REPEALED.
   § 2. Paragraph a of subdivision 2 of section 52-c of the civil  rights
 law,  as added by chapter 304 of the laws of 2020, is amended to read as
 follows:
   a. A depicted individual shall have a cause of action against a person
 who, discloses, disseminates or publishes OR WITH INTENT TO  CAUSE  HARM
 TO THE EMOTIONAL, FINANCIAL OR PHYSICAL WELFARE OF ANOTHER PERSON, HE OR
 SHE  THREATENS  TO  DISCLOSE,  DISSEMINATE  OR PUBLISH sexually explicit
 material related to the depicted individual, and  the  person  knows  or
 reasonably  should  have  known the depicted individual in that material
 did not consent to its creation, disclosure, dissemination, or  publica-
 tion.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2023-S1042A (ACTIVE) - Details

See Assembly Version of this Bill:: A3596
Law Section:: Penal Law
Laws Affected:: Amd §245.15, rpld §245.15 sub 2-a, Pen L

2023-S1042A (ACTIVE) - Summary

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

2023-S1042A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1042A

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation will make it unlawful to disseminate or publicize inti-
mate images created by digitization.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 and 2 of section 245.15 of the penal law
to state that a person is guilty of unlawful dissemination or publica-
tion of an intimate image when they intentionally disseminate or publish
a still or video image depicting a person with one or more intimate
parts exposed or engaging in sexual conduct with another person, includ-

ing images created or altered by digitization where such person may be
reasonably identified. This section also provides definitions.

Section 1-a repeals subdivision 2-a of section 245.15 of the penal law.

Section provides the effective date.

 
JUSTIFICATION:

In 2019, the legislature passed a law creating a crime for individuals
who disseminate or publicize an intimate image of another person without
such person's consent. This monumental legislation addressed the growing
need for updated laws that reflect advancements in technology. Now, the
creation of "deepfakes" demonstrates a need to update the law again.

The term "deepfakes" describes the utilization of Al.-generated technol-
ogy to make images of fake events. This technology allows an individual
to create extremely realistic videos, often pornographic, placing the
face of one individual on the body of another. Concerningly, "deep-
fakes" are being weaponized against innocent and unsuspecting victims
and they are becoming increasingly more common. Forbes reported that at
the beginning of 2019 there were approximately 8,000 "deepfake" videos
online and just 9 months later that amount had doubled. More recently,
Sensity, a cybersecurity firm, reported that of the 85,000 "deepfakes"
currently circulating the web, 90 percent demonstrate nonconsensual porn
featuring women. As this technology improves, these "deepfakes" appear
more realistic and it becomes nearly impossible to depict what is a real
image and what is doctored.

The weaponization of these "deepfakes" against young women is extremely
concerning. It is important we update the penal law to keep pace with
advancements in technology. It is even more crucial that we create an
avenue for victims to seek justice and hold their abusers accountable.
This legislation will make it unlawful to disseminate or publicize digi-
tized intimate images of another person without such person's consent.
This bill will also allow victims to pursue a private right of action
for this crime.
 
PRIOR LEGISLATIVE HISTORY:

A.6862b of 2021 and 2022, referred to codes.

Same as S.6304b of 2021 and 2022, committed to rules.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S1042A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1042--A
     Cal. No. 741
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens. HINCHEY, COMRIE, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in 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
 NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION, INCLUDING THE  DISSEM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03895-02-3
 S. 1042--A                          2
 
 INATION  OR PUBLICATION OF AN IMAGE TAKEN WITH THE CONSENT OF THE PERSON
 DEPICTED when [the] SUCH person [depicted] had a reasonable  expectation
 that  the  image  would remain private [and the actor knew or reasonably
 should  have  known  the person depicted intended for the still or video
 image to remain private], regardless of whether the  actor  was  present
 when [the still or video] SUCH image was taken.
   2. For  purposes  of  this  section THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (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 CHAPTER; 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. Subdivision 2-a of section 245.15 of the penal law is REPEALED.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S1042A

Share this bill

Sponsored By

Michelle Hinchey

Current Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Leroy Comrie

James Skoufis

2023-S1042 - Details

2023-S1042 - Summary

2023-S1042 - Sponsor Memo

2023-S1042 - Bill Text download pdf

co-Sponsors

Leroy Comrie

Rob Rolison

James Skoufis

2023-S1042A (ACTIVE) - Details

2023-S1042A (ACTIVE) - Summary

2023-S1042A (ACTIVE) - Sponsor Memo

2023-S1042A (ACTIVE) - Bill Text download pdf

Comments