New legislation would impose tougher penalties and give victims more rights for civil action when sexually explicit images are published with malicious intent
Senate Democrats passed legislation that criminalizes the unlawful dissemination of intimate images, also known as “revenge porn,” and makes it easier for victims to sue for damages.
The bill, sponsored by Sen. Monica Martinez, amends the Civil Rights Law to give victims the right to sue if someone who publishes private pictures with the intent to cause harm. Anyone found guilty would be charged with a Class A misdemeanor.
One sexually explicit image of an individual could be detrimental to their emotional, physical, or financial welfare if circulated, according to the bill. Furthermore, victims of revenge porn often experience sexual harassment or sexual assault.
“We are sending a strong message that this kind of violation will no longer be tolerated in the State of New York,” Martinez said. “I want to extend my gratitude to the individuals who have come forward to share their powerful stories and to the advocacy groups who have given the victims a voice.”
New York is now the 42nd state to create consequences for these types of actions.
“I commend the legislature for embracing this proposal, which is a key part of our Women’s Agenda, and empowering victims of this heinous crime to take action,” Gov. Andrew Cuomo said of the bill’s passage. “In New York, we will never stop fighting to protect and strengthen women’s rights and opportunity.”
Victims now have the power to sue for damages, seek criminal prosecution, or both.
The “revenge porn” bill (S.1719-c) states that the image must depict an unclothed or exposed intimate part of another person; or such person engaging in sexual conduct with another person. The image or video must be taken under circumstances when the person depicted had a reasonable expectation for the image to remain private.
“Revenge Porn is a form of assault. It can destroy a person’s reputation and cause them, and their families, irreparable harm,” said Reina Schiffrin, the executive director of the Victims Information Bureau of Suffolk. “We at Victims Information Bureau of Suffolk strongly support Senator Martinez’s sponsorship of this important legislation and applaud her efforts to protect all citizens, regardless of age, from being victimized in this way.”
The legislation makes exceptions for images shared during lawful and common practices associated with commercial purposes, medical procedures, or police procedures.
Cuomo is expected to sign the bill since the revenge porn protections were part of his 2019 Justice Agenda.
