NY Civ Rights L § 52-B (2021)
2021 New York Laws CVR - Civil Rights Article 5 - Right of Privacy 52-B - Private Right of Action for Unlawful Dissemination or Publication of an Intimate Image.

§  52-b.  Private  right  of  action  for  unlawful  dissemination  or publication of an intimate image. 1. Any person depicted in a  still  or video  image,  regardless  of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming  such person,  disseminated  or  published,  or  threatened  to disseminate or publish, such still or video image, where such image:   a. was taken when such person had a reasonable  expectation  that  the image would remain private; and   b.  depicts  (i) an unclothed or exposed intimate part of such person; or  (ii)  such  person  engaging  in  sexual  conduct,  as  defined   in subdivision ten of section 130.00 of the penal law, with another person; and   c.  was disseminated or published, or threatened to be disseminated or published, without the consent of such person.   2. In any  action  commenced  pursuant  to  subdivision  one  of  this section,  the  finder  of  fact, in its discretion, may award injunctive relief, punitive damages,  compensatory  damages  and  reasonable  court costs and attorney's fees.   3. This section shall not apply to the following:   a. the reporting of unlawful conduct;   b.  dissemination  or  publication of an intimate still or video 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 still  or  video  image made for a legitimate public purpose.   4.  Any  person  depicted  in  a  still or video image that depicts an unclothed or exposed intimate  part  of  such  person,  or  such  person engaging  in  sexual  conduct  as  defined in subdivision ten of section 130.00 of the penal law with another person, which  is  disseminated  or published without the consent of such person and where such person had a reasonable expectation that the image would remain private, may maintain an action or special proceeding for a court order to require any website that  is subject to personal jurisdiction under subdivision five of this section to permanently remove such still or video image; any such  court order granted pursuant to this subdivision may direct removal only as to images that are reasonably within such website's control.   5.  a.  Any  website  that  hosts or transmits a still or video image, viewable in this state,  taken  under  circumstances  where  the  person depicted  had  a  reasonable  expectation  that  the  image would remain private, which depicts:  (i) an unclothed or exposed  intimate  part,  as  defined  in  section 245.15 of the penal law, of a resident of this state; or  (ii) a resident of this state engaging in sexual conduct as defined in subdivision  ten of section 130.00 of the penal law with another person; and   b. Such still or video image is  hosted  or  transmitted  without  the consent  of  such  resident  of this state, shall be subject to personal jurisdiction in a civil action in  this  state  to  the  maximum  extent permitted under the United States constitution and federal law.   6. A cause of action or special proceeding under this section shall be commenced the later of either:   a. three years after the dissemination or publication of an image; or   b.  one  year  from  the date a person discovers, or reasonably should have discovered, the dissemination or publication of such image.    7. Nothing herein shall be read to require a prior criminal complaint, prosecution or conviction to establish the  elements  of  the  cause  of action provided for by this section.   8.  The  provisions  of this section are in addition to, but shall not supersede, any other rights or remedies available in law or equity.   9. If any provision of this section or its application to  any  person or  circumstance  is held invalid, the invalidity shall not affect other provisions or applications of this section which  can  be  given  effect without  the  invalid  provision  or  application,  and  to this end the provisions of this section are severable.   10. 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.