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NY A06862

NY A06862: Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes … Verified

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Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image; establishes a private right of action for victims of dissemination or publication of a sexually explicit depiction of an individual.

AI Summary

This bill criminalizes the dissemination of 'deep fake' intimate images and allows victims to sue for damages, amending both the penal law and the civil rights law.

Business Impact

If you create or share digital content in New York, you must ensure consent for any intimate images or face legal action.

State
New York
Bill Number
A06862
Status
Introduced
Risk Level
High
Category
Comprehensive
Effective Date
Jun 12, 2021
Last Action
Jan 5, 2022
Last Verified
May 1, 2026
Data Updated
May 1, 2026
What do these statuses mean?
Introduced — Filed in the legislature; not yet heard in committee
In Committee — Assigned to and being reviewed by a legislative committee
Passed — Approved by one or both chambers; awaiting further action
Signed / Enacted — Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed — Vetoed, failed to pass, or session expired without action
Unknown — Status data not yet available or awaiting classification

Affected Industries

Content Creation Digital Media Technology General

Topics How we classify →

What This Means

The proposed legislation in New York aims to expand the definition of unlawful dissemination of intimate images to include those created by digitization, such as 'deep fakes.' It establishes a private right of action for victims, allowing them to seek damages for emotional, financial, or physical harm caused by such images.

Key Provisions

Latest Legislative Action

referred to codes

Bill Sponsors (showing 5 of 24)

Name Role
Primary
Primary
Primary
Primary
Primary

Compliance Checklist

Ensure consent for all intimate images before dissemination.
Who: Content creators and distributors.
Deadline: Upon enactment of the law.
Penalty: Legal action and potential damages.
Review and update content policies to include provisions for 'deep fakes.'
Who: Businesses and organizations involved in digital content.
Deadline: Upon enactment of the law.
Penalty: Legal action and potential damages.

Related & Companion Bills

New York S06304 — Includes "deep fake" images created by digitization within … New York A03596 — Includes "deep fake" images created by digitization within … New York S01042 — Includes "deep fake" images created by digitization within …

Full Legal Analysis

The bill amends both the penal law and the civil rights law to include 'deep fake' images within the scope of unlawful dissemination of intimate images. It prohibits the intentional dissemination of such images without the consent of the depicted individual, particularly when the intent is to cause harm. Victims of these actions are granted a private right of action, allowing them to sue for damages. The bill defines 'digitization' broadly, covering both realistic depictions and computer-generated images, which may raise compliance challenges for businesses. Similar laws in other states may not explicitly address 'deep fakes,' making New York's approach particularly noteworthy.

Official Source


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