§ 245.15 Unlawful dissemination or publication of an intimate image.
1. A person is guilty of unlawful dissemination or publication of an intimate
(a) with intent to cause harm to the emotional, financial or physical welfare
of another person, he or she intentionally disseminates or publishes a
still or video image of such other person, who is identifiable from the
still or video image itself or from information displayed in connection
with the still or video image, without such other person's consent,
(i) an unclothed or exposed intimate part of such other person; or
(ii) such other person engaging in sexual conduct as defined in subdivision
ten of section 130.00 of this chapter with another person; and
(b) such still or video image was taken under circumstances when the person
depicted had a reasonable expectation that the image would remain private
and the actor knew or reasonably should have known the person depicted
intended for the still or video image to remain private, regardless of
whether the actor was present when the still or video image was taken.
2. For purposes of this section "intimate part" means the naked
genitals, pubic area, anus or female nipple of the person.
2-a. For purposes of this section "disseminate" and "publish"
shall have the same meaning as defined in section 250.40 of this title.
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
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 .
Possible unlawful dissemination of an image § 245.15 (revenge porn)
- Up to 364 days in jail
- Permanent criminal record
- Order of protection (restraining order)
- Immigration / travel problems
- Employment problems
Unlawful dissemination of an image in New York was made illegal to combat
revenge pornography (revenge porn). Since the widespread use, adoption,
and miniaturization of digital cameras it has become easier to capture
intimate (naked) photos of another person with or without their consent.
While camera technology improved, the internet became an easier place
to store and publish intimate images and easier for others to find and
the constant demand for pornography of all types ensures revenge pornography
is quickly reposted or otherwise disseminated after it is initially uploaded.
In a matter of minutes, someone can capture another person's intimate
image and publish it all around the world and possibly causing damage
to the victim's reputation. Revenge pornography can be especially
damaging to victims due to the damage to the victim's reputation and
difficulty in removing the images from the internet. If you or a loved
one has been arrested for the unlawful dissemination of an image,
contact us for a consultation.