Penal Law Section 245.15 -Unlawful Dissemination or Publication of an Intimate Image.

1. A person is guilty of this offense when:

   a. with intent to cause harm to the emotional, financial, or physical welfare of another person, he or she intentionally disseminates or publishes, without the depicted person’s consent, a video or still of an individual who is identifiable either physically or due to information accompanying the content, which depicts:

   • unclothed or exposed intimate part of the depicted individual or

   • the depicted individual engaging in sexual conduct with another person and

2. Such content was taken when the depicted individual had a reasonable expectation that the content would remain private and the bad actor knew or reasonably should have known the depicted individual expected the content to remain private.

What Constitutes an Intimate Part?

An intimate part is the naked genitals, pubic area, anus, or female nipple of the person.

What Constitutes Sexual Conduct?

The penal law section on unlawful dissemination of an intimate image defines “sexual conduct” as the type of conduct “defined in subdivision ten of section 130.00 of this chapter with another person[.]” Subdivision 10 provides that “‘sexual conduct’ means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.” Subdivision 3 provides that “‘sexual contact’ means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party…”

What Does it Mean to Disseminate or Publish?

Pursuant to New York Penal Law Section 250.40, disseminate means “to give, provide, lend, deliver, mail, send, forward, transfer or transmit, electronically or otherwise to another person.” The same section defines “publish” as to disseminate with the intent that the images be disseminated to ten or more people or be sold by another person; “to post, present, display, exhibit, circulate, advertise or allow access, electronically or otherwise, so as to make an image or images available to the public” or with the intention that it would be.

Are There Exceptions?

The law specifically excepts certain situations from falling into the category of unlawful dissemination or publication of an intimate image, including the reporting of unlawful conduct; the dissemination or publication of such images during lawful practices of law enforcement, legal proceedings, or medical treatment; images involving voluntary exposure in a public or commercial setting; or when made for a legitimate public purpose.

Will My Naked Pictures Become Public Record?

No. Family offense petitions - and any document filed during the course of a family offense proceeding, for that matter - are not pubic record. That means if you bring a family offense petition, you do not have to worry about having your name tied to the various wrongs that were committed against you, nor do you have to fear the opposing party using your intimate images as weapons of mass humiliation in the court proceeding.

Can I Sue Civilly?

Yes. Victims of revenge porn can sue under New York City Administrative Code 10-180, Unlawful Disclosure of an Intimate Image, New York Penal Law 245.15, Unlawful Dissemination or Publication of an Intimate Image, and New York Civil Rights Law 52-B. Filing a lawsuit in New York State’s Supreme Court enables a victim to seek money damages for the wrongs committed against them. Our firm can assist you in filing a civil lawsuit for nonconsensual pornography in addition to a family offense petition.