S 1822 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S01822 Summary: BILL NO S01822A &nbsp SAME AS SAME AS A00318-A

&nbsp SPONSOR FERNANDEZ &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §245.15, Pen L; amd §52-b, Civ Rts L &nbsp Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image.

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STATE OF NEW YORK ________________________________________________________________________

1822--A

2025-2026 Regular Sessions

IN SENATE

January 14, 2025 ___________

Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law and the civil rights law, in relation to prohibiting speech-based defenses to actions brought against an indi- vidual for the unlawful dissemination or publication of an intimate image

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Section 245.15 of the penal law is amended by adding a new 2 subdivision 5 to read as follows: 3 5. It shall not be a defense to any criminal action brought against an 4 individual pursuant to this section that such dissemination or publica- 5 tion of an intimate image is protected by a right to free speech, where 6 the prosecution has established beyond a reasonable doubt that, at the 7 time of dissemination, the defendant knew or should have known that the 8 subject of the image had a reasonable expectation of privacy and did not 9 consent to the release of such image. 10 § 2. Section 52-b of the civil rights law is amended by adding a new 11 subdivision 6-a to read as follows: 12 6-a. It shall not be a defense to any civil action brought against an 13 individual pursuant to this section that such dissemination or publica- 14 tion of an intimate image is protected by a right to free speech, where 15 the plaintiff has established by a preponderance of the evidence that, 16 at the time of dissemination, the defendant knew or should have known 17 that the subject of the image had a reasonable expectation of privacy 18 and did not consent to the release of such image. 19 § 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01205-03-6

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