2023 New York Laws › CVR - Civil Rights › Article 5 - Right of Privacy › 52-C - Private Right of Action for Unlawful Dissemination or Publication of a Sexually Explicit Depiction of an Individual.

* §  52-c.  Private  right  of  action  for  unlawful dissemination or
  publication of a sexually explicit depiction of an  individual.  1.  For
  the purposes of this section:
a.  "depicted individual" means an individual who appears, as a result
  of digitization, to be  giving  a  performance  they  did  not  actually
  perform or to be performing in a performance that was actually performed
  by  the  depicted  individual  but  was  subsequently  altered  to be in
  violation of this section.
b. "digitization" means to realistically depict the nude body parts of
  another human being as the nude body parts of the  depicted  individual,
  computer-generated  nude  body  parts  as  the  nude  body  parts of the
  depicted individual  or  the  depicted  individual  engaging  in  sexual
  conduct,  as  defined  in subdivision ten of section 130.00 of the penal
  law, in which the depicted individual did not engage. "Digitization" may
  also  mean  the  use   of   software,   machine   learning,   artificial
  intelligence,  or  any  other computer-generated or technological means,
  including adapting, modifying, manipulating,  or  altering  a  realistic
  depiction.
c. "individual" means a natural person.
d. "person" means a human being or legal entity.
e.  "sexually  explicit material" means any portion of an audio visual
  work that shows the depicted individual:
i. performing in the  nude,  meaning  with  an  unclothed  or  exposed
  intimate part, as defined in section 245.15 of the penal law;
ii.  appearing to engage in, or being subjected to, sexual conduct, as
  defined in subdivision ten of section 130.00 of the penal law; or
iii.  posed  in  a  manner  intended  to  elicit  sexual  arousal   or
  gratification  and where a person would have a reasonable expectation of
  privacy.
2. a. A depicted individual shall have a cause  of  action  against  a
  person  who,  discloses,  disseminates  or  publishes  sexually explicit
  material related to the depicted individual, and  the  person  knows  or
  reasonably  should  have  known the depicted individual in that material
  did  not  consent  to  its  creation,  disclosure,   dissemination,   or
  publication.
b.  It  shall  not  be  a defense to an action under this section that
  there  is  a  disclaimer  in  the  sexually   explicit   material   that
  communicates  that  the  inclusion  of  the  depicted  individual in the
  sexually  explicit  material  was  unauthorized  or  that  the  depicted
  individual  did  not  participate  in the creation or development of the
  material.
3. a.  A  depicted  individual  may  only  consent  to  the  creation,
  disclosure,  dissemination, or publication of sexually explicit material
  by knowingly and voluntarily  signing  an  agreement  written  in  plain
  language  that  includes  a general description of the sexually explicit
  material and the audiovisual work in which it will be incorporated.
b. A depicted individual may rescind  consent  by  delivering  written
  notice within three business days from the date consent was given to the
  person  in  whose  favor  consent  was made, unless one of the following
  requirements is satisfied:
i. the depicted individual is given at least three  business  days  to
  review the terms of the agreement before signing it; or
ii.  if  the  depicted individual is represented, the attorney, talent
  agent,  or  personal  manager  authorized  to  represent  the   depicted
  individual provides additional written approval of the signed agreement.
4. a. A person is not liable under this section if:
i.  the  person  discloses,  disseminates  or  publishes  the sexually
  explicit  material  in  the  course  of  reporting  unlawful   activity,

  exercising  the  person's law enforcement duties, or hearings, trials or
  other legal proceedings; or
ii.  the  sexually  explicit material is a matter of legitimate public
  concern, a work of political or newsworthy value  or  similar  work,  or
  commentary,  criticism  or disclosure that is otherwise protected by the
  constitution of this state or the United States; provided that  sexually
  explicit  material  shall  not  be considered of newsworthy value solely
  because the depicted individual is a public figure.
5. In any action commenced pursuant to 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.
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  sexually
  explicit material; or
b.  one  year  from  the date a person discovers, or reasonably should
  have discovered, the  dissemination  or  publication  of  such  sexually
  explicit material.
7.  Nothing  in this section shall be read to require a prior criminal
  complaint, prosecution or conviction to establish the  elements  of  the
  cause of action provided for in this section.
8.  The  provisions  of  this  section  including  the remedies are in
  addition to, and 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.
* NB There are 2 § 52-c's