§ 52-b. Private right of action for unlawful dissemination or
publication of an intimate image. 1. Any person depicted in a still or
video image, including an image created or altered by digitization,
regardless of whether or not the original still or video image was
consensually obtained, shall have a cause of action against an
individual who, for the purpose of harassing, annoying or alarming such
person, disseminated or published, or threatened to disseminate or
publish, such still or video image, where such image:

a. was taken when such person had a reasonable expectation that the
image would remain private; and

b. depicts (i) an unclothed or exposed intimate part of such person;
or (ii) such person engaging in sexual conduct, as defined in
subdivision ten of section 130.00 of the penal law, with another person;
and

c. was disseminated or published, or threatened to be disseminated or
published, without the consent of such person.

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. dissemination or publication of an intimate still or video image
made during lawful and common practices of law enforcement, legal
proceedings or medical treatment;

c. images involving voluntary exposure in a public or commercial
setting; or

d. dissemination or publication of an intimate still or video image
made for a legitimate public purpose.

4. Any person depicted in a still or video image, including an image
created or altered by digitization, that depicts an unclothed or exposed
intimate part of such person, or such person engaging in sexual conduct
as defined in subdivision ten of section 130.00 of the penal law with
another person, which is disseminated or published without the consent
of such person and where such person had a reasonable expectation that
the image would remain private, 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. a. Any website that hosts or transmits a still or video image,
including an image created or altered by digitization, viewable in this
state, taken under circumstances where the person depicted had a
reasonable expectation that the image would remain private, which
depicts:

(i) an unclothed or exposed intimate part, as defined in section
245.15 of the penal law, of a resident of this state; or

(ii) a resident of this state engaging in sexual conduct as defined in
subdivision ten of section 130.00 of the penal law with another person;
and

b. Such still or video image is hosted or transmitted without the
consent of such resident of this state, 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.

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.

11. For purposes of this section, "digitization" means the use of
software, machine learning, artificial intelligence, or any other
computer-generated or technological means, including adapting,
modifying, manipulating, or altering a realistic depiction.