Establishes that when an actor threatens to 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 a still or video 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 within the provisions of unlawful dissemination or publication of an intimate image.
Summary
S00205 amends New York’s unlawful dissemination or publication of an intimate image law to make clear that the offense also covers threats to disseminate or publish such images. The bill applies when a person, with intent to cause emotional, financial, or physical harm, threatens to share a still or video image depicting another person with intimate parts exposed or engaged in sexual conduct, including digitally created or altered images, so long as the person can reasonably be identified and did not consent to the disclosure.
The measure also clarifies that the law reaches images taken with consent when the depicted person had a reasonable expectation that the image would remain private, even if the accused was not present when the image was taken. The bill takes effect immediately and expands the existing intimate-image offense by expressly including threats, not just actual dissemination or publication.
Impact
This bill broadens Penal Law § 245.15 by adding threatened dissemination or publication of intimate images to the conduct covered by the offense. It strengthens criminal liability for so-called revenge porn and related coercive threats, including threats involving digitally altered or AI-generated intimate images, and may increase prosecutorial reach in cases involving blackmail, harassment, or extortion tied to private sexual images.
Sentiment
The bill appears to have strong bipartisan support and little visible opposition. The Senate Codes Committee and full Senate both approved it unanimously in the available votes, indicating broad agreement that the law should address threats to share intimate images as well as actual sharing. The absence of recorded dissent suggests the proposal is generally viewed as a protective measure for privacy and victim safety.
Contention
No major contention is reflected in the available record. The main policy choice is whether criminal law should reach threats to publish intimate images, and the bill answers yes by extending the statute to cover that conduct. Any potential concerns would likely center on how intent, identification, and consent are proved in practice, but no specific objections or opposing arguments appear in the provided materials.
Same As
Establishes that when an actor threatens to 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 a still or video 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 within the provisions of unlawful dissemination or publication of an intimate image.
Establishes that when an actor threatens to 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 a still or video 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 within the provisions of unlawful dissemination or publication of an intimate image.
Modifying the elements of the crime of blackmail related to threatened dissemination of any image, video or other recording of another identifiable person who is nude or engaged in sexual activity by changing the connection to breach of privacy and describing the content of the image, video or other recording.
Creates penalties for likenesses altered or created by artificial intelligence being used for commercial gain; establishes a private right of action for the unlawful dissemination of still or video images generated by artificial intelligence.