Bill > A00318

This bill amends both the New York Penal Law and Civil Rights Law to eliminate speech-based defenses in cases involving the unlawful dissemination or publication of intimate images. Specifically, the legislation prevents individuals from using First Amendment free speech protections as a legal defense in criminal or civil actions related to sharing intimate images without consent. The bill applies to both criminal prosecutions under Section 245.15 of the Penal Law and civil actions under Section 52-b of the Civil Rights Law. By adding new subdivisions to these sections, the legislation explicitly states that a defendant cannot argue that their actions of sharing intimate images are protected by free speech rights. This means that if someone shares private, intimate images of another person without their permission, they cannot claim their actions are legally shielded by free speech protections. The law would take effect immediately upon passage, providing a clear legal mechanism to prosecute and pursue civil damages against individuals who share intimate images without consent.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A318