Guide to Revenge Porn Laws in New York: What Victims Need to Know Featured Image

- Originally Published on June 23, 2024

Guide to Revenge Porn Laws in New York: What Victims Need to Know

By:
Sarah Kolick Sarah Kolick
Attorney

If you’re a victim of revenge porn in New York, you may be feeling overwhelmed, violated and unsure of where to turn. You’re not alone. Revenge porn is a form of image-based sexual abuse. New York has strong laws against this devastating crime. At Minc Law, we’re here to help you understand your rights and take back control.

In this article, we’ll provide a comprehensive guide to New York’s revenge porn laws, covering:

  • What legally qualifies as revenge porn under NY’s criminal and civil statutes
  • Criminal penalties for defendants and civil remedies for victims
  • Crucial steps to take if you’re a victim, including preserving evidence and reporting the crime
  • How to remove nonconsensual intimate content from websites and prevent re-sharing
  • Victim support and mental health resources
  • Answers to frequently asked questions about revenge porn cases in NY

Let’s get started with understanding exactly how New York law defines the crime of revenge porn and unlawful dissemination of an intimate image.

In New York, revenge porn is a crime. Penal Law 245.15 makes it a crime to disseminate an intimate image (like a nude photo) of someone without their consent and with intent to cause them harm. Penalties include up to 364 days in jail and a $1,000 fine.

Victims in New York can also sue a person who disseminated their images without their consent under Civil Rights Law 52-b to win financial damages and secure court orders to remove content from websites. The civil law also prohibits threats to share intimate images. Victims have 2 years to press criminal charges and 3 years to file a civil suit.

What Is Considered Revenge Porn Under New York’s Criminal Statute?

In order to prosecute a defendant under New York’s criminal revenge porn law, the Prosecutor must show the following:

    1. Intimate image: A photo or video of a person’s intimate body part or of a person engaged in sexual conduct New York law includes images that were created or altered by digitization (i.e., pornographic deep fakes)
    2. Identifiable: The victim can be identified in the image or from information displayed with the image
    3. Intentionally Disseminated: The Defendant acted intentionally when they sent the image or published it online.
    4. Intent to Cause Harm: The Defendant disseminated the photo with the intent to cause the person depicted in the content emotional, financial or physical harm
    5. Lack of Consent: The Defendant knew or reasonably should have known that the victim did not consent to having their image shared or posted. This includes cases where the victim had a reasonable expectation that the image would remain private.

Threats to disseminate another person’s intimate content or deep fakes also violate New York’s revenge porn law. If a Defendant is found guilty of violating New York’s revenge porn law, they face up to 364 days in jail and/or a $1000 fine.

When can a Victim File a Lawsuit against a Person who Posted or Sent their Images Without Their Consent?

Regardless of whether a victim contented to the initial creation and/or disclosure of their intimate image, they can still file a civil lawsuit against a person who posts or shares their intimate images if they prove the following:

  1. Intimate image: A photo or video of a person’s intimate body part or of a person engaged in sexual conduct. New York law includes images that were created or altered by digitization (i.e., pornographic deep fakes)
  2. Defendant’s Intent: The Defendant shared or posted the victim’s intimate content for the purpose of harassing, annoying or alarming the victim
  3. Disseminated: The Defendant threatened to or actually disseminated the intimate content (e.g., sent it to others, posted it online)
  4. Lack of Consent: The Defendant knew or reasonably should have known that the victim did not consent to having their image shared or posted. This includes cases where the victim had a reasonable expectation that the image would remain private.

If a Defendant is found liable under New York’s Civil Revenge Porn law, a victim can seek the following:

  • Injunctive Relief: A court order requiring the Defendant to stop spreading and/or delete the content
  • Punitive Damages: A monetary award to punish the Defendant for violating the victim’s rights under New York Law
  • Compensatory Damages: A monetary award to compensate the victim for any losses (including damage to your reputation, emotional distress, lost wages, lost employment income)

If you are a victim of deep fake pornography, you can seek a court order to permanently remove the images and/or videos from any website that is subject to New York’s personal jurisdiction (i.e, court’s authority).

What To Do If You’re A Victim Of Revenge Porn In New York

Document And Preserve All Evidence

If you are a victim of revenge porn in New York wishing to pursue legal options, please document and preserve all evidence related to the nonconsensual sharing of your intimate images or videos. Take screenshots of the images, along with any posts or messages you receive from the offender Be sure to capture identifying details like URLs, timestamps, and usernames. Print out physical copies or save digital versions to ensure you have a thorough record. Consider using apps like Page Vault to capture authenticated evidence that may be admissible in court.

However, if you or any other person is under the age of 18 in any of the content, you should NOT save or preserve the actual images because this may be construed as the crime of child pornography. Instead, save a list of the URLs and places where the content is posted.

Report To Law Enforcement

Consider reporting the crime to law enforcement if pursuing criminal charges are consistent with your goals. Contact your local police department to file a criminal complaint under New York’s unlawful dissemination of an intimate image law. Bring all documented evidence and be prepared to give a statement to the police.

If you have experienced other forms of domestic violence at the hands of the person who disseminated your intimate content without your consent, please be aware that abusers often escalate their violence when their conduct is reported. Please consider working with a domestic violence advocate in exploring safety plans.

File A Civil Complaint

You may also have the option to file a civil complaint against the person who sent and/or posted your intimate content without your consent. Consult with an experienced revenge porn attorney to discuss your legal options and whether filing a civil suit is appropriate in your case. Your attorney can help you draft and file a complaint in the appropriate New York court to seek damages for the harm caused and injunctive relief to prevent future sharing.

Send DMCA Takedown Notices

If you took the intimate photos or videos yourself, you likely own the copyrights to that content. This means you can issue DMCA takedown notices to websites and internet service providers (ISPs) that are hosting your content without permission. Be sure to follow the specific requirements of the DMCA, which include providing your contact information, identifying the infringing content, and including a sworn statement under penalty of perjury that you are the copyright owner and the content is being used without permission.

Please know that you do not have to file a lawsuit in civil court or a report with the police to send removal requests to the websites that are displaying your content.

Utilize Online Reporting Forms

Even if you do not want to report the crime to law enforcement or file a civil suit against the person who shared/posted your intimate content, many major social media platforms and search engines have online forms specifically for reporting nonconsensual intimate content. Utilize these forms to report the revenge porn and request removal. You’ll typically need to provide information like your name, the URLs of the offending content, and proof of your identity. Be sure to check each site’s terms of service and reporting procedures, as requirements may vary between platforms.

Also beware that your content has likely spread beyond the initial websites that it was posted on. You will likely have to search for other sites where the content has been re-posted.

Consult With An Attorney

Navigating the legal landscape of revenge porn can be overwhelming, especially when you’re already dealing with the emotional fallout of this violation of your trust and privacy. Consulting with an experienced attorney who specializes in revenge porn cases and internet privacy matters can provide invaluable guidance and support. Look for a lawyer who can discuss all available criminal and civil remedies,and provide trusted advice on reputation management and emotional recovery.

Support Resources For Revenge Porn Victims in New York

Frequently Asked Questions About NY Revenge Porn Laws

Does New York’s Revenge Porn Law Cover Deepfakes?

The language of New York’s law is broad and likely applies to deepfakes, which are altered or manipulated images that depict a person’s face on another’s nude body. If the resulting image shows the victim’s “intimate parts” or engaging in sexual activity, was disseminated without consent and with intent to harm, it would fall under the statute.

What If The Intimate Image Was Taken Consensually?

Even if the victim consented to the taking of the photo or video, disseminating or publishing it without their consent may still violate NY’s revenge porn law. The key is whether the victim reasonably expected the image to remain private and the defendant knew or should have known that the victim did not consent to the content being disseminated

Can I Remain Anonymous In A Criminal Or Civil Case?

In criminal cases, victims’ identifying information is typically redacted from public court filings. You can also request that the judge allow you to proceed under a pseudonym like “John/Jane Doe.” In civil cases, you’d need to make a motion to the court to proceed anonymously, showing that your privacy interests outweigh the presumption of open judicial proceedings.

How Do I Report Revenge Porn To Law Enforcement?

Contact your local police department or call 911 if it’s an emergency situation. You can go to the station in person to file a complaint or have an officer come to you to take a report. Bring copies of all evidence, including screenshots, messages and any identifying information about the person who shared your images without your consent. Be prepared to give a detailed statement about the incident and your relationship (if any) to the offender.

Will The Perpetrator Go To Jail?

Because NY’s criminal revenge porn statute is a class A misdemeanor, a person convicted of revenge porn in New York could face up to 1 year in jail. However, the judge has discretion to consider factors like criminal history, severity of the offense and impact on the victim in determining what the defendant’s sentence will be.

How Much Does It Cost To File A Civil Revenge Porn Lawsuit?

Filing fees for a civil suit vary by court and county but are typically a few hundred dollars. However, the main cost is attorney’s fees, which can range from a few thousand to tens of thousands of dollars depending on the complexity of the case.

How Long Does A Civil Revenge Porn Case Take?

The timeline for a civil case depends on many factors, including the court’s schedule, the complexity of the case and whether the defendant fights the charges or settles. From filing to trial or judgment, a straightforward case could resolve in a few months, while a contentious case with discovery and motions could take a year or more. Ask your attorney for an estimated timeline in your initial consultation.

We Can Help You Protect Your Rights and Rebuild After Revenge Porn

If you’ve been the victim of revenge porn in New York, know that you have rights and legal recourse. Both New York’s criminal and civil laws provide avenues to hold perpetrators accountable, get nonconsensual content removed and obtain financial compensation.

But navigating the legal system and rebuilding emotionally after such a traumatic violation of privacy can feel daunting. That’s where having an experienced revenge porn attorney in your corner can make all the difference. At Minc Law, we’ve helped hundreds of clients across the country take control of their images and reputations.

If you’re ready to discuss your revenge porn matter, we’re here to listen and advise you on your options. You can reach us via our online contact form, chat, or by calling us at (216) 373-7706. The consultation is free, confidential, and there’s no obligation to move forward.

You don’t have to go through this alone. Help and hope are available.

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This page has been peer-reviewed, fact-checked, and edited by qualified attorneys to ensure substantive accuracy and coverage.

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