NEW YORK PENAL LAW 245.15 REVENGE PORN LAW AWAITING GOVERNOR’S SIGNATURE

You have a right to privacy in New York. Your personal and intimate pictures and videos should never be used against you.

New York State takes this right very seriously. At present, New York State Penal Law 245.15 has been signed by the Senate and is awaiting the Governor’s signature. This law will further a victim’s ability to hold their tormentor accountable. Below, The Law Offices of Michael H. Ricca P.C. takes a deep dive into what this will mean for you once the bill has been signed into law.

WHAT IS REVENGE PORN?

“Revenge Porn” is a type of cyberbullying crime that has become more prevalent as the digital world grows. In most cases, this phrase refers to the use of private, sexually explicit, or intimate pictures or images that could cause serious damage to one’s reputation, finances, or emotional or physical welfare. This is true whether the images were willingly provided or taken against one’s will or knowledge. For example, if you gave your spouse sexy pictures, then they later distributed them without your permission after a bitter divorce, this would be considered an act of “revenge porn.” The same is true if an individual secretly filmed you while undressing in a clothing store’s changing room and distributed the footage.

UNLAWFUL DISCLOSURE OF AN INTIMATE IMAGE

Unlawful Disclosure of an Intimate Image, also known as New York City (NYC) Administrative Code 10-177*3, has a limited scope. However, it provides some of the only protections against “revenge porn” and “sextortion.”

NYC Admin. Code 10-177*3 applies only to the NYC boroughs, which include Bronx, Brooklyn, Manhattan, Staten Island, and Queens. This Code makes it a punishable offense to disclose personal, sexually explicit images without consent from the person whom the pictures have been taken of. This is a fact regardless of whether you willingly provided the pictures to your tormentor or they were taken while you were unaware. In fact, even the act of threatening to release images of a personal, explicit, or sexual nature is illegal under this Admin. Code.

Criminal Punishments

It is important to note that just because this in an Admin. Code, that does not make it any less serious than a Penal Law violation. Under NYC Admin. Code 10-177*3, this offense is considered a Class A Misdemeanor. It will still be listed on your criminal record. If you are convicted of Unlawful Disclosure of an Intimate Image, you may find yourself facing up to 1 year in jail and up to $1,000 in fines, in addition to surcharges and other mandatory fees.

Civil Punishments

NYC Admin. Code 10-177*3 also makes this offense accountable through the civil court system as well. That means, in addition to the criminal record and penalties, you may be prosecuted through the civil courts for a lawsuit stemming from the damages and emotional distress you caused your victim.

WHAT PENAL LAW 245.15 WILL CHANGE

Unlawful Dissemination or Publication of an Intimate Image, New York State Penal Law 245.15, is the next step in the fight against this type of cyberbullying. In fact, Penal Law 245.15 is very similar to the previously enacted NYC Admin. Code 10-177*3.

Specifically, Penal Law 245.15 includes the following elements:

• Penal Law 245.15(1)(a): If you intentionally mean to cause any degree of harm to a victim’s emotional, financial, or physical welfare through the dissemination or publication of a personal, intimate, or sexually explicit photo or video – this section makes that illegal. This section does caveat that the individual in the picture must be identifiable in some way. Penal Law 245.15(1)(a) also assumes that the distributed picture or video was done so without consent from the subject.
• Penal Law 245.15(1)(b): At the time of the recording or picture, the person in the image must have a reasonable expectation that the media would remain private, never to be distributed to the public. The individual who shared the picture or video also must have reasonably known, or outright known, that they were not supposed to share these media with anyone else.

However, Penal Law 245.15 takes this law a bit further. That is because it now falls under the state penal laws and is no longer limited to just the New York City boroughs. Individuals from anywhere in New York State may now be tried for this offense.

Criminal Punishments

Like Admin. Code 10-177*3, Penal Law 245.15 makes this a Class A Misdemeanor. That means you may face up to 1-year in jail, as well as a $1,000 fine and any additional surcharges and court fees. A conviction will also mean that this crime will now be listed on your criminal record and can never be expunged.

Civil Punishments

As with Admin. Code 10-177*3, Penal Code 245.15 also opens you up to a civil action as well. Known as a “private right of action,” you may find yourself facing a civil lawsuit in regards to the damages and emotional distress caused by the distribution of sexually explicit pictures or videos without the consent of the victim. These actions can include everything from legal fees to lost wages and personal injuries.

You should note that there is a 3-year statute of limitations for this offense. That means the victim has 3 years to file their civil action against you after the images have been distributed or published. However, if the images went undiscovered for a period of time beyond that, they have 1-year to file an action from the date they found the image.

Family Court Punishments

Unlike Admin. Code 10-177*3, Penal Law 245.15 also comes with a family court application as well. In fact, regardless of whether you pursue other court actions, a victim can file for a Restraining Order with the local Family Court. Known as a “Stay Away Order,” this court action can remain in effect for up to 5 years. This is true whether there was an arrest for the distribution or not.

Failure to abide by a Restraining Order can open you up to more charges later. For example, violating the court order can lead you to a Criminal Contempt charge as well.

THE LAW OFFICES OF MICHAEL H. RICCA P.C. CAN HELP

Governor Andrew Cuomo has already stated that he will sign this bill into law once it comes before him. Once this has happened, Penal Law 245.15 will go into effect 60 days after the governor signs it.

The Law Offices of Michael H. Ricca P.C. is here to help protect your rights. That is true whether you are the victim or facing accusations. If you have been harmed by the dissemination or publication of sexually explicit images, or you have been accused of intentionally attempting to harm someone through this action, The Law Offices of Michael H. Ricca P.C. can help. Contact our law office today for your free consultation with a lawyer at (516) 500-1647.