Revenge Porn Laws in New York
Revenge porn is an increasingly common form of cyber sexual harassment. Here’s everything you need to know about New York Revenge Porn Laws.
In 2019, New York criminalized revenge porn in Penal Law § 245.15. New York revenge porn laws prohibit the dissemination or publication of an “intimate image” when an individual intends to cause harm to another person through the nonconsensual publication of identifiable pornographic material.
What is Revenge Porn?
Revenge porn is the nonconsensual distribution of pornographic material. Nonconsensual distribution of pornographic material is revenge porn even without the intention of revenge. Typically, states consider revenge porn a form of cyber sexual harassment. Revenge porn may lead to cyberstalking and further harassment.
What is an “intimate image” according to New York revenge porn laws?
According to New York revenge porn laws, an “intimate image” depicts:
The unclothed genitals, pubic area, anus, or female nipple of the individual, or
The individual engaging in sexual conduct.
Related: Is Revenge Porn a Federal Crime?
New York revenge porn laws prohibit an individual from distributing an “intimate image” of an identifiable person without the person’s consent. Nonconsensual distribution of an “intimate image” is revenge porn and is legally punishable.
Can you sue someone for distributing nonconsensual pornography in New York?
Yes, in New York individuals can sue someone for distributing non-consensual pornography. Victims of revenge porn may seek damages for abuse in New York civil court. According to New York Civil Rights Law 52-b, victims receive monetary compensation for:
- Injunctive relief,
- Exemplary damages,
- Compensatory damages, and
- Reasonable court costs and attorney’s fees.
New York revenge porn laws do not require individuals to pursue criminal charges before pursuing civil action.
If the abuser was a colleague or the revenge porn impacted the victim’s employment status, an individual may also file for workplace harassment.
What are the criminal penalties for revenge porn abusers in New York?
Revenge porn laws in New York criminalize the publication and dissemination of revenge porn. Criminal penalties for revenge porn abusers are:
- Up to a year in jail, or
- Three years probation, and
- Up to $1000 in criminal court fees.
How can victims of revenge porn take action in New York?
The state of New York encourages victims of revenge porn to report the crime. Individuals who believe they are a victim of nonconsensual surveillance or dissemination of “intimate images” can call 911 or contact a local police station to report the crime.
Related: New York Sexual Harassment FAQs
After reporting the crime, individuals may seek legal action. After the publication of nonconsensual pornographic material, victims of revenge porn have up to two years to pursue criminal charges and three years to pursue a case in civil court.
In addition, New York revenge porn laws encourage victims of revenge porn to seek a court order to remove online pornographic material. New York is the only state which allows victims to seek a court order to remove revenge porn from online domains.
FAQs About Revenge Porn in New York
Is material considered revenge porn if an individual consents at the time of creation under New York revenge porn laws?
New York legally considers material revenge porn if someone distributes the content without consent. If an individual consents to the creation of pornographic material, but not to the distribution, the content is revenge porn. The non-consensual circulation of pornographic material directly violates an individual’s right to privacy. Providing consent for the creation of pornographic material is a private decision, independent of distribution consent.
How does New York legally classify violations of revenge porn laws?
New York classifies the production of revenge porn as a Class A misdemeanor.
Who do New York revenge porn laws protect?
New York revenge porn laws may apply to a case if either the victim or perpetrator is located in the state of New York.
Do all states have revenge porn laws?
No, in the United States, 49 states have revenge porn laws. Each state has individual discretion over the creation of revenge porn laws. As a result, revenge porn laws across the United States are inconsistent.
In the Consolidated Appropriations Act, 2022, Congress strengthened the Violence Against Women Act (VAWA) to protect against revenge porn. The Consolidated Appropriations Act will take effect on October 1, 2022. The Act will constitute the first federal revenge porn law in the United States. The Consolidated Appropriations Act will allow victims of revenge porn to bring a federal lawsuit against the aggressor.
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