New York has joined forty-one other states in passing legislation that criminalizes what has come to be known as “revenge porn.” As advances in technology continue, the online world has become integrated into our everyday lives, which, in turn, has created an outlet for behavior that previously went unchecked.

What has come to be known as “revenge porn” is precisely that – sexually explicit images or videos, released by someone without the portrayed individual’s consent, typically as a means of exacting revenge or retaliation against the latter. It has become a common act amongst ex-lovers and partners, who once consensually shared the images with the understanding that they would be kept private.

Senate Bill S1719C, which won support by both sides of the Senate, addresses this issue. This new bill criminalizes the unlawful dissemination or publication of an intimate image, AKA, “revenge porn.”

Under the legislation, and codified as Section 245.15 of the Penal Law, a person is guilty of unlawful dissemination or publication of an intimate image when:

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 person’s consent.

The dissemination “must depict an unclothed or exposed intimate part of such other person; or such other person engaging in sexual conduct with another person; and the still or video image must have been taken under circumstances when the person depicted had a reasonable expectation for the image to remain private, and the actor knew or reasonably should have known that 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.”

The crime is considered a Class A Misdemeanor, with a punishment of up to one-year incarceration, three years of probation, and a $1,000 fine.

Furthermore, victims will not only now have recourse through the criminal justice system, but those with familial ties – i.e. spouse, former spouse, parents, and children or members of the same family or household – can also bring their case to Family Court. There, the victim can initiate what is known as “a private right of action,” which allows him/her to seek damages, as well as injunctive relief, and the action can proceed on its own merit and does not require a criminal charge or conviction.

This civil remedy via family court is especially significant for a variety of reasons. In allowing victims to pursue monetary damages for the harm caused to them, the law provides a channel for individuals to recoup losses incurred as a result of the published images, and, not merely monetary losses. Victims can now seek relief for damage to their career, reputation, mental health, as well as their emotional well-being. Even further, New York is now the first state to

offer the type of injunctive relief that orders websites, such as Google and Facebook, to remove the videos and images, a remedy likely to be at the forefront of every victims’ wishes.

Although New York has somewhat lagged in keeping its legislation up to speed with advancing technology and the problems that arise from it, this new law is considered by many to be a major step in closing the loophole that previously existed.