NY S01042: Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image.

In one paragraph

New York's S 1042-A extends the crime of unlawful dissemination or publication of an intimate image (Penal Law § 245.15), a class A misdemeanor, to images created or altered by digitization, meaning realistically altered using images of another person or computer-generated images. It is a crime to intentionally disseminate or publish, with intent to harm a person's emotional, financial or physical welfare, an image of that identifiable person with intimate parts exposed or engaged in sexual conduct with another person, when the actor knew or reasonably should have known the person did not consent. Signed September 29, 2023 (Chapter 513); effective November 28, 2023.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No duties for businesses. It makes it a class A misdemeanor to intentionally share intimate or sexual deepfake images of an identifiable person, knowing or having reason to know they did not consent, with intent to harm them.

Key provisions

1. 1Amends Penal Law § 245.15 (unlawful dissemination or publication of an intimate image) to cover an image 'created or altered by digitization'
2. 2Digitization: altering an image in a realistic manner using an image or images of a person other than the person depicted, or computer-generated images
3. 3Elements: with intent to cause harm to another person's emotional, financial or physical welfare, intentionally disseminating or publishing a still or video image depicting that person with intimate parts exposed or engaging in sexual conduct with another person, where the person may reasonably be identified from the image or information displayed with it
4. 4The actor knew or reasonably should have known the person depicted did not consent to the dissemination or publication, including of an image taken with consent when the person reasonably expected it to stay private, whether or not the actor was present when it was taken
5. 5Intimate part: the naked genitals, pubic area, anus or female nipple; 'disseminate' and 'publish' as defined in Penal Law § 250.40; sexual conduct as defined in § 130.00(10); subdivision 2-a of § 245.15 is repealed
6. 6Exceptions (§ 245.15(3)): reporting unlawful conduct; lawful and common practices of law enforcement, legal proceedings or medical treatment; images involving voluntary exposure in a public or commercial setting; dissemination or publication for a legitimate public purpose. § 245.15(4): neither limits nor enlarges 47 U.S.C. § 230 protections
7. 7Unlawful dissemination or publication of an intimate image is a class A misdemeanor (§ 245.15; the act did not change the class)
8. 8Signed September 29, 2023 (Chapter 513 of 2023); effective November 28, 2023, the sixtieth day after it became law (September 30, 2023 counted as day one)

Latest legislative action

Sep 29, 2023. Signed Chapter 513 of 2023

Sponsors (showing 5 of 20)

Roll call votes