BILL NUMBER: S205
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act to amend the penal law, in relation to a threat to share an inti-
mate image
 
PURPOSE:
The purpose of this bill is to classify the threat to disseminate or
publish an intimate image or video as a criminal offense.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 245.15 of the penal law, as amended
by chapter 513 of the laws of 2023, is amended to include the threat to
disseminate or publish a still or video image including any digitized
still or video image.
Section 2. Is the enacting clause.
 
JUSTIFICATION:
In New York State, disseminating or publishing an intimate image or
video whether real or digitized without consent is a criminal offense.
In many situations, an intimate image or video is used as leverage in
the form of a threat or request. In cases of domestic violence or
harassment, the abuser may threaten to share the image or video if the
victim seeks help, leaves the relationship, or refuses to comply with
any other request.
In June of 2023, the Federal Bureau of Investigation (FBI) issued a
public service announcement regarding malicious actors utilizing artifi-
cial intelligence for explicit content creation and sextortion schemes.
Sextortion refers to when a bad actor claims to have intimate images or
videos of a victim to gain more content and/or money through the threat
to share publicly and/or with friends and family. In Pennsylvania,
state police have issued a warning on sextortion schemes noting the
extreme rise in reported cases. In October of 2023, male students at New
Jersey High School created "deepfakes," referring to AI-generated nude
photos or videos, of female students and circulated them invoking fear
of false digital footprints and immense humiliation. Civil Rights Law
52-b affords a victim the ability to sue if someone has threatened to
disseminate or publish an intimate image or video. This bill would
further deem such a threat a criminal offense.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S205: 245.15 penal law, 245.15(1) penal law