BILL NUMBER: S1822
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the penal law and the civil rights law, in relation to
prohibiting speech-based defenses to actions brought against an individ-
ual for the unlawful dissemination or publication of an intimate image
 
PURPOSE OR GENERAL IDEA OF BILL:
Prohibit using freedom of speech as a defense in revenge porn.
 
SUMMARY OF PROVISIONS:
Section 1 amends the penal law to ban the use of free speech as a
defense for revenge porn.
Section 2 amends civil rights law to ban the use of free speech as a
defense for revenge porn.
Section 3 sets the effective date.
 
JUSTIFICATION:
In 2019, the legislature passed a law creating a crime for individuals
who disseminate or publicize an intimate image of another person without
such person's consent, joining several other states across the country.
However, courts are now faced with the question of whether these
"revenge porn" statutes are constitutional under the First Amendment.
Until there is a different ruling from the Supreme Court of the United
States, this bill protects victims of revenge porn by explicitly stating
that free speech is not a viable defense in these cases.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S4441 / A6874
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1822: 245.15 penal law, 52-b civil rights law