(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.
Structure New York Laws
50-C - Private Right of Action.
50-D - Personnel Records of Court Officers.
50-E - Personnel Records of Bridge and Tunnel Officers, Sergeants and Lieutenants.
51 - Action for Injunction and for Damages.
52 - Televising, Broadcasting or Taking Motion Pictures of Certain Proceedings Prohibited.
52-A - Private Right of Action for Unwarranted Video Imaging of Residential Premises.
52-B - Private Right of Action for Unlawful Dissemination or Publication of an Intimate Image.
52-C*2 - Employers Engaged in Electronic Monitoring; Prior Notice Required.
52-D - Private Right of Action for Unlawful Dissemination or Publication of a Personal Image.