N.Y. Penal Law § 245.15: Unlawful dissemination or publication of an intimate image

§ 245.15 Unlawful dissemination or publication of an intimate image.

1. A person is guilty of unlawful dissemination or publication of an

intimate image when:

(a) with intent to cause harm to the emotional, financial or physical

welfare of another person, they intentionally disseminate or publish a

still or video image depicting such other person with one or more

intimate parts exposed or engaging in sexual conduct with another

person, including an image created or altered by digitization, where

such person may reasonably be identified from the still or video image

itself or from information displayed in connection with the still or

video image; and

(b) the actor knew or reasonably should have known that the person

depicted did not consent to such dissemination or publication, including

the dissemination or publication of an image taken with the consent of

the person depicted when such person had a reasonable expectation that

the image would remain private, regardless of whether the actor was

present when such image was taken.

2. For purposes of this section the following terms shall have the

following meanings:

(a) "intimate part" means the naked genitals, pubic area, anus or

female nipple of the person;

(b) "disseminate" and "publish" shall have the same meaning as defined

in section 250.40 of this title;

(c) "sexual conduct" shall have the same meaning as defined in

subdivision ten of section 130.00 of this chapter; and

(d) "digitization" shall mean to alter an image in a realistic manner

utilizing an image or images of a person, other than the person

depicted, or computer generated images.

3. This section shall not apply to the following:

(a) the reporting of unlawful conduct;

(b) dissemination or publication of an intimate image made during

lawful and common practices of law enforcement, legal proceedings or

medical treatment;

(c) images involving voluntary exposure in a public or commercial

setting; or

(d) dissemination or publication of an intimate image made for a

legitimate public purpose.

4. Nothing in this section shall be construed to limit, or to enlarge,

the protections that 47 U.S.C § 230 confers on an interactive computer

service for content provided by another information content provider, as

such terms are defined in 47 U.S.C. § 230.

Unlawful dissemination or publication of an intimate image is a class

A misdemeanor.