N.Y. Penal Law 250.71 – Unlawful dissemination of a personal image
§ 250.71 Unlawful dissemination of a personal image.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $1,000 |
A person is guilty of unlawful dissemination of a personal image when, with the intent of degrading or abusing a person who has been the victim of a crime described in title H of this part, or otherwise causing harm to the emotional, financial or physical welfare of such victim or such victim's family, the person intentionally:
1. (a) creates and disseminates or publishes a still or video image of such victim on a social media platform, without the victim's consent, in a manner that has no or minimal cultural or social value;
(b) the victim is identifiable from the still or video image itself or from information displayed in connection with the still or video image;
(c) the victim suffered physical injury as a result of a sex offense as defined by article one hundred thirty of this part, serious physical injury as a result of any non-sex offense, or death, and this injury or death is depicted in the image; and
(d) the actor committed, participated in the commission of, or conspired to commit the crime that resulted in such injury to such victim; or
2. acting as an agent of the actor who created an image in violation of subdivision one of this section, he or she knowingly disseminates or publishes such image.
Unlawful dissemination of a personal image in the second degree is a class A misdemeanor.