Criminal charges in New York for Revenge Porn – Penal Law 245.15

In 2019, to combat the phenomenon known as “revenge porn,” the state of New York added Penal Law Section 245.15 to its list of criminal charges. Specifically, it is now a class A misdemeanor for a person to unlawfully disseminate or publish an intimate image without the consent of the person depicted in the image. This generally prevents an ex-boyfriend from humiliating an ex-girlfriend by using intimate photos taken during the relationship and sharing them with friends or posting them to the internet. So, even though the images might have been freely given during the relationship, a person is not necessarily free to distribute or dispose of those images however they want. Of course, a person could be subject to a civil lawsuit for engaging in “revenge porn” behavior as well. Depending on the circumstances, other charges might also be brought against an alleged “revenge porn” offender, including extortion, aggravated harassment, stalking, or unlawful surveillance.The criminal charge states:1. A person is guilty of unlawful dissemination or publication of an intimate image when: (a) with intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes a still or video image of such other person, who is identifiable from the still or video image itself or from information displayed in connection with the still or video image, without such other person’s consent, which depicts: (i) an unclothed or exposed intimate part of such other person; or (ii) such other person engaging in sexual conduct as defined in subdivision ten of section 130.00 of this chapter with another person; and (b) such still or video image was taken under circumstances when the person depicted had a reasonable expectation that the image would remain private and the actor knew or reasonably should have known the person depicted intended for the still or video image to remain private, regardless of whether the actor was present when the still or video image was taken.2. For purposes of this section “intimate part” means the naked genitals, pubic area, anus or female nipple of the person. 2-a. For purposes of this section “disseminate” and “publish” shall have the same meaning as defined in section 250.40 of this title.3. This section shall not apply to the following: (a) the reporting of unlawful conduct; (b) dissemination or publication of an intimate image made during lawful and common practices of law enforcement, legal proceedings or medical treatment; (c) images involving voluntary exposure in a public or commercial setting; or (d) dissemination or publication of an intimate image made for a legitimate public purpose.4. Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230. Unlawful dissemination or publication of an intimate image is a class A misdemeanor.If you or a loved one have been charged with unlawful dissemination or publication of an intimate image, you should strongly consider contacting the Law Office of Matthew Galluzzo PLLC. Their lead counsel is a former sex crimes prosecutor and supervisor in the domestic violence unit of the Manhattan District Attorney’s Office, and has considerable experience representing individuals accused of domestic violence charges.