§ 245.15 Unlawful dissemination or publication of an intimate image.

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, they intentionally disseminate or publish a
still or video image depicting such other person 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 reasonably be identified from the still or video image
itself or from information displayed in connection with the still or
video image; and

(b) the actor knew or reasonably should have known that the person
depicted did not consent to such dissemination or publication, including
the dissemination or publication of an image taken with the consent of
the person depicted when such person had a reasonable expectation that
the image would remain private, regardless of whether the actor was
present when 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
subdivision 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.

3. This section shall not apply to the following:

(a) the reporting of unlawful conduct;

(b) dissemination or publication of an intimate 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 image made for a
legitimate public purpose.

4. 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.

Unlawful dissemination or publication of an intimate image is a class
A misdemeanor.