New York revenge porn laws are stringent and aim to curb cyber abuse by penalizing the unlawful dissemination or publication of an intimate image. The revenge porn law stipulates that if the person depicted intended the intimate images to remain private and had a reasonable expectation of privacy, any sharing of the person depicted in such images without the person’s consent can lead to severe legal consequences. As a seasoned Nassau County, Long Island sex crimes attorney, Gianni Karmily is adept at defending individuals accused under New York revenge porn laws. Understanding the intricacies of New York law, Attorney Karmily provides robust defense strategies, ensuring that the rights of the accused are thoroughly protected in cases involving the unlawful dissemination or publication of intimate content.
If you’re currently facing criminal charges for unlawful dissemination or publication of intimate images, you need strong legal representation to ensure that your rights are protected. Call (516) 630-3405 for our Great Neck location or (516) 614-4228 for our Hempstead location to schedule a confidential consultation with a Nassau County, Long Island criminal defense attorney today.
What is Revenge Porn?
Revenge porn, as defined under New York revenge porn law, involves the unlawful dissemination or publication of an intimate still or video image depicting a person engaging in sexual acts or with exposed intimate parts, done without such other person’s consent. This act can lead to serious legal consequences within the criminal justice system. New York revenge porn laws specifically target the sharing of these images and videos, recognizing the intent behind such actions.
For individuals facing accusations related to the unlawful dissemination or publication of an intimate image or video image, it’s crucial to have a robust defense.
Is There a Federal Revenge Porn Law?
There is no federal law prosecuting the unlawful dissemination or publication of an intimate still or video image on a national level. However, individuals engaged in the distribution of intimate photos without such other person’s consent can still face charges under related federal offenses, particularly in cases involving child exploitation. For instance, if the nonconsensual pornography includes a minor, offenders can be charged under stringent federal child pornography laws, which carry severe penalties.
However, Congress established a federal civil cause of action in 2022. This civil rights law allows revenge porn victims to pursue litigation in civil court against the accused, allowing the victim of revenge porn to seek compensatory damages in civil court.
How Many States Have Revenge Porn Laws?
All U.S. states except for Massachusetts and South Carolina have enacted specific revenge porn laws. However, even in these two states, individuals involved in such activities can still face legal consequences under other statutes.
In states with specific revenge porn legislation, for an act to be classified as revenge porn, the still or video image shared must be of a sexual nature. This typically means they depict a person’s naked genitals or a person engaged in sexual conduct.
Under New York revenge porn laws, sharing images of intimate partners that might be considered provocative, such as someone wearing a bikini at the beach, would not generally meet the legal criteria for revenge porn. The laws targeting the unlawful dissemination or publication of an intimate image or video image are designed to target instances where the sharing of such image or video is intended to humiliate, harass, or otherwise harm the depicted individual, focusing on material that clearly infringes upon personal sexual privacy.
Is Revenge Porn a Crime in New York?
Yes, revenge porn is a criminal offense in New York State. Our state has strict revenge porn laws (NY Section 245.15) in place that were enacted to combat cyber-sexual abuse. For an individual to face criminal liability in New York, the content in question and the circumstances surrounding unlawful dissemination must satisfy specific criteria.
Criteria for Revenge Porn Liability in New York:
Sexually Explicit Material:
In order to be held liable under New York’s revenge porn laws, the material must be sexually explicit in some way and shared with the intention of inflicting emotional, financial, or physical harm upon the depicted person.
Intent to Harm
Under New York state laws, there must be a deliberate act of distributing or publishing sexually explicit images or videos that depict a person engaging in sexual activity or showcasing naked genitals, buttocks, or breasts of such other person without their consent. This unlawful dissemination or publication includes but is not limited to, sharing via electronic means such as social media, email, messaging platforms, or even physically sharing printed images. Additionally, non-consensual distribution encompasses both direct sharing (sending the content to others) and indirect sharing (posting on public platforms or websites) of a still or video image.
The distribution must occur without the depicted person’s explicit permission, and it applies even if the content was initially shared with a trusted person, such as a partner. Any subsequent distribution without the depicted person’s consent is considered a violation under New York law. The perpetrator’s intent to harm, embarrass, or exploit the person depicted plays a critical role in establishing criminal liability. The law also covers situations where the images have been altered digitally to appear as if the person is engaging in sexual conduct or is exposing intimate parts without their consent.
Reasonable Expectation That The Intimate Image or Video Would Remain Private
The person depicted in the intimate images or videos must have had a reasonable expectation that the images would remain private. The intimate image or video also must have been received under circumstances in which a reasonable person would understand that the photos should remain private.
Digitally Altered Images and Deepfake Provision
New York revenge porn law also extends to digitally altered images, including deepfakes, with identifying details that are meant to depict a person engaging in sexual conduct or with exposed intimate parts without their consent.
The recent addition of the deepfake provision strengthens this protection in New York State criminal court settings by addressing the growing issue of deepfakes—highly realistic, digitally manipulated images or videos that falsely portray exposed intimate parts or explicit sexual conduct scenarios.
Under the deep fake provision, it is illegal to create or distribute altered media that use a person’s likeness, voice, or other identifiable features in a way that suggests such other person is engaging in sexual conduct or falsely showing exposed intimate parts without the permission or consent of such person.
Penalties for Revenge Porn in New York
In New York, the penalties for revenge porn offenses are severe, constituting a Class A misdemeanor. Individuals convicted of the unlawful dissemination or publication of an intimate image (still or video image) may face a maximum sentence of up to 364 days in jail and/or a fine of up to one thousand dollars.
Related Crimes That Offenders Can Be Charged With
Depending on the specifics of each revenge porn case, individuals involved in distributing non-consensual pornography may find themselves facing an array of related charges. These charges can include but are not limited to cyber sexual abuse crimes, computer crimes, and distribution of child nonconsensual pornography.
Cyber Crimes
Cyber crimes encompass a wide range of illegal activities conducted through digital means, including hacking, identity theft, and unauthorized access to computer systems or networks. In the context of New York revenge porn law, individuals who distribute sexually explicit images or videos without consent may face cybercrime charges if their actions involve unlawful access to private accounts or unauthorized dissemination of digital materials.
Computer Crimes
Computer crimes involve illegal activities conducted using computers or computer networks, such as hacking, spreading malware, or unauthorized access to digital information. In the context of New York revenge porn law, individuals who distribute an intimate image, whether a still or video image, without consent may face computer crime charges if they use digital means to access or disseminate the material unlawfully.
Distribution of Child Pornography
The distribution of child pornography involves the dissemination of nonconsensual pornography featuring minors. While revenge porn typically involves images of adults, individuals who distribute sexually explicit content without consent may inadvertently include images of minors. When such another person is a minor, the person accused will potentially face charges related to the distribution of child pornography. In this case, offenders can be prosecuted under stringent sexual assault laws, facing significant prison time and hefty fines under New York law.
What to Do If You’re Facing Revenge Porn Charges in New York
If you find yourself facing revenge porn charges in New York, your top priority should be to seek legal representation from a criminal defense attorney in Nassau County, Long Island, such as Gianni Karmily. A skilled attorney can provide invaluable support and guidance throughout the legal process, helping you navigate the complexities of your revenge porn case and ensuring that your rights are protected in criminal court. They can thoroughly review the details of the criminal charges against you, gather evidence, and develop a strategic defense strategy tailored to your specific circumstances.
Additionally, a Nassau County, Long Island criminal defense attorney can advocate on your behalf in criminal court, negotiating with prosecutors to potentially reduce charges or secure a favorable plea bargain. With our knowledge of New York revenge porn laws and experience in handling cases involving the unlawful dissemination or publication of sexual conduct, an attorney can offer you the best chance at achieving a positive outcome and minimizing the potential consequences you may face.
Call a Nassau County, Long Island Sex Crimes Attorney at the Law Firm of Gianni Karmily Today
The Law Firm of Gianni Karmily is a criminal law firm based in Nassau County, Long Island, that is well-equipped to handle revenge porn cases and all other types of sex crime cases, including cyber sexual abuse cases. With a deep understanding of both the legal and personal ramifications of these charges, Gianni Karmily offers compassionate and effective legal representation. If you or someone you know is facing nonconsensual pornography charges, contact the Law Firm of Gianni Karmily today for a consultation to explore your legal options and ensure your rights are vigorously defended.
Call (516) 630-3405 for our Great Neck location or (516) 614-4228 for our Hempstead location to secure the advocacy you need.
