Legislation
SECTION 250.71
Unlawful dissemination of a personal image
Penal (PEN) CHAPTER 40, PART 3, TITLE N, ARTICLE 250
§ 250.71 Unlawful dissemination of a personal image.
A person is guilty of unlawful dissemination of a personal image 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, the person intentionally:
1. (a) creates and disseminates or publishes a still or video image of
such victim on a social media platform, without the victim's consent, in
a manner that has no or minimal cultural or social value;
(b) the victim is identifiable from the still or video image itself or
from information displayed in connection with the still or video image;
(c) the victim suffered physical injury as a result of a sex offense
as defined by article one hundred thirty of this part, serious physical
injury as a result of any non-sex offense, or death, and this injury or
death is depicted in the image; and
(d) the actor committed, participated in the commission of, or
conspired to commit the crime that resulted in such injury to such
victim; 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 A misdemeanor.
A person is guilty of unlawful dissemination of a personal image 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, the person intentionally:
1. (a) creates and disseminates or publishes a still or video image of
such victim on a social media platform, without the victim's consent, in
a manner that has no or minimal cultural or social value;
(b) the victim is identifiable from the still or video image itself or
from information displayed in connection with the still or video image;
(c) the victim suffered physical injury as a result of a sex offense
as defined by article one hundred thirty of this part, serious physical
injury as a result of any non-sex offense, or death, and this injury or
death is depicted in the image; and
(d) the actor committed, participated in the commission of, or
conspired to commit the crime that resulted in such injury to such
victim; 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 A misdemeanor.