Senator Anna M. Kaplan Helps Pass Legislation Protecting New Yorkers from "Revenge Pornography"

(Albany, NY) The New York State Senate Democratic Majority today passed legislation (S.1719-C) establishing the crime of unlawful dissemination or publication of an intimate image and creates a private right of action for such crime. The legislation, introduced by Senator Monica Martinez and co-sponsored by Senator Anna M. Kaplan, makes New York the 42nd state to criminalize the dissemination of an intimate image with the intent to cause harm to another individual.

Senator Anna M. Kaplan said, “Sharing an intimate image of another person without their consent is a despicable invasion of privacy that can have a devastating and far-reaching impact on that person’s life and well-being. I’m proud to co-sponsor legislation criminalizing the unlawful dissemination of an intimate image, because we need to put meaningful deterrents in place to protect New Yorkers.”

The “Revenge Pornography” bill passed by the Senate Majority establishes:

• The criminal act of unlawful dissemination or publication of an intimate image when done with the intent to cause harm to the emotional, financial, or physical welfare of another person when the image was taken with a reasonable expectation that the image would remain private.
• The unlawful dissemination or publication of an intimate image is a Class A misdemeanor.
• Amends the Civil Rights Law to allow victims of “revenge pornogrpahy” to seek civil recourse for the damages and victims will have a choice whether to pursue a criminal or civil case, or both.
• Exempts images shared during lawful and common practices of law enforcement, legal proceedings or medical treatment, and those involving voluntary exposure in a commercial setting.