BILL NUMBER: S7202
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the penal law, in relation to establishing crimes for
the unlawful dissemination or publication of an intimate image; to amend
the criminal procedure law, in relation to the statute of limitations
for commencing cases related to the unlawful dissemination or publica-
tion of an intimate image; and to repeal section 245.15 of the penal law
relating to the unlawful dissemination or publication of an intimate
image
 
PURPOSE:
Updates the penal law and criminal procedure law relating to nonconsen-
sual image sharing
 
SUMMARY OF PROVISIONS:
Section 1 - repeals and reorganizes penal law section 245.15 governing
the crime of unlawful dissemination or publication of an intimate image,
and adds new sections 245.16, 245.17, and 245.18 enumerating degrees of
such crime, as follows:
245.15 subdivision 1 - Renumbers but substantively maintains existing
definitions of "intimate part," "disseminate" and "publish," "sexual
conduct," and "digitization."
245.15 subdivision 2 (a) - Renumbers but substantively maintains exist-
ing exemptions from this section, except for removing an exemption for
images involving voluntary exposure in a commercial setting.
245.15 subdivision 2 (b) - Renumbers but substantively maintains federal
code cross-reference.
245.15 subdivision 2 (c) - Adds new language that dissemination of
multiple images of the same individual as part of a common act shall be
considered a single offense.
245.15 subdivision 2 (d) - Adds new language that violations shall be
deemed to be committed within the state if any element of the offense
occurs in the state, and that prosecution may be in any jurisdiction in
which the offense was committed or victim resides.
245.16 - Creates the crime of unlawful dissemination or publication of
an intimate image in the third degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license. (Class A misdemeanor)
245.17 - Creates the crime of unlawful dissemination or publication of
an intimate image in the second degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license, and the person sharing
the image has previously been convicted of such crime in the third
degree, or commits such crime with intent to cause harm the emotional,
financial, or physical welfare or the person depicted. (Class E felony;
under current law Class A misdemeanor.)
245.18 - Creates the crime of unlawful dissemination or publication of
an intimate image in the first degree, when a person intentionally
shares an intimate image they knew or reasonably should have known the
person depicted did not consent to or license, and the person sharing
the image has previously been convicted of such crime in the second
degree, or the person depicted was targeted due to their race, religion,
gender, sexual orientation, or other protected category. (Class D felo-
ny.)
Section 2 - Amends subdivision 3 of section 30.10 of criminal procedure
law to add timelines for prosecutions of the crime of unlawful dissem-
ination or publication of an intimate image as follows:
30.10 (3) (i) - Prosecutions for such crime in the third degree must be
commenced within five years of the commission of the crime, or three
years after the aggrieved party should have discovered such crime in the
exercise of reasonable diligence, whichever is later.
30.10 (3) (ii) - Prosecutions for such crime in the first or second
degree must be commenced within seven years of the commission of the
crime, or three years after the aggrieved party should have discovered
such crime in the exercise of reasonable diligence, whichever is later.
Section 3 - Effective date
 
JUSTIFICATION:
The current state of online gender-based and sexual violence reveals a
troubling reality: women and girls are disproportionately targeted for
harassment and abuse. According to the White House Gender Policy Coun-
cil, about 85% of women and girls globally have experienced online
harassment, with 1 in 3 facing sexual harassment or stalking.
These acts are serious crimes that cause profound harm. A 2015 United
Nations report found that cyber violence is as damaging to women as
physical violence, and Amnesty International classifies online harass-
ment as a human rights issue. Online sexual violence frequently also
involves targeting of victims on the basis of sexual orientation, race,
or other identities.
Online sexual violence silences victims, driving them away from essen-
tial social and professional platforms. The psychological impact is
severe-90% suffer from mental health issues, and 50% contemplate
suicide. Victims often face doxxing, stalking, and threats, leading to
job losses and financial instability that impact entire communities.
The weaponization of images against women constitutes organized systemic
violence. It is essential to update penal law to deter the lasting harm
caused by such action and we must create avenues for victims to seek
justice and hold their abusers accountable.
New York has been a leader in protecting against online sexual violence.
Penal Law currently makes it a misdemeanor to distribute intimate images
without the consent of the individual depicted and with intent to cause
harm to that individual. Unfortunately, the high legal threshold of
proving intent to cause harm combined with the relatively low penalty
creates difficulty and disincentive to actually prosecute such abuses.
This legislation will strengthen the current law by shifting to a misde-
meanor structure for nonconsensual sharing of intimate images without
intent to harm but in which the sharer knew or should have known the
person depicted did not consent; and upgrading the potential charge to a
felony for cases in which the sharer did intend harm. The bill also
increases penalties when the victim is targeted on the basis of gender,
race, sexual orientation, religion, or membership in other protected
classes.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
60th day after it shall have become a law

Statutes affected:
S7202: 245.15 penal law, 30.10 criminal procedure law, 30.10(3) criminal procedure law