NYC Revenge Porn Laws
Is it legal under NY Revenge Porn laws to post a private explicit video you made with someone else?
What happens if you are in a relationship and have taken risqué photos of you and your lover? What about if you break up and your significant other POSTS these pictures or videos online? That is ILLEGAL under New York law. It could result in jail time! New York State has laws criminalizing such conduct, commonly known as revenge porn.
Typically, media, including photos and videos, which were originally taken consensually for private use, but which are then utilized to harass, embarrass or shame people, fall afoul of several NY statutes.
Revenge porn is illegal in New York under Penal Law Section 245.15, which was enacted in 2019. This law makes it a Class A misdemeanor to unlawfully disseminate or publish an intimate image without the consent of the person depicted.
Key aspects of New York’s revenge porn law include:
- Definition: It covers sharing sexually explicit images or videos of a person without their consent, with the intent to cause harm2.
- Penalties: Offenders can face up to 364 days in jail and/or a fine of up to $1,000.
- Civil action: Victims can sue perpetrators for damages under Civil Rights Law 52-b5.
- Statute of limitations: Criminal prosecution must occur within 2 years, while civil lawsuits can be filed within 3 years of dissemination or 1 year of discovery.
- Scope: The law also covers digitally altered images and deepfakes2.
- Exceptions: The law does not apply to reporting unlawful conduct, legal proceedings, medical treatment, or public/commercial settings3.
New York City has a separate but similar law called “Unlawful Disclosure of an Intimate Image” under NYC Administrative Code 10-180
If charged with revenge porn in New York, seeking legal representation is crucial. Key considerations:NYC white collar attorney: Experienced in complex, non-violent crimes, suitable for revenge porn cases which often involve digital evidence and financial implications
14.NY lawyer: Provides general legal representation and knowledge of state-specific revenge porn laws. Commercial litigation attorney in Manhattan: Beneficial if the case involves business-related aspects or potential civil lawsuits. While a NY personal injury lawyer typically handles accident cases, they may not be the best fit for revenge porn charges. Regardless of the specific charge, consulting with a qualified attorney is essential to navigate the legal process, understand potential penalties (up to one year in jail and $1,000 fine), and explore possible defenses. The New York State Bar Association can help connect you with attorneys specializing in this area of law.