New York A 318: Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image

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A00318 Summary:

BILL NOA00318A

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SAME ASSAME AS S01822-A

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SPONSORCruz

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COSPNSRZaccaro, Weprin, Hooks

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MLTSPNSR

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Amd §245.15, Pen L; amd §52-b, Civ Rts L

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Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image.

Go to top A00318 Actions:

BILL NOA00318A

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

02/25/2026reported 

02/26/2026advanced to third reading cal.262

05/26/2026amended on third reading 318a

Go to topA00318 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:02/25/2026AYE/NAY:19/0 Action: Favorable DinowitzAyeMorinelloAye

CookExcusedReillyAye

LavineAyeMikulinAye

WeprinAyeTannousisAye

HevesiAyeAngelinoAye

SeawrightExcusedMolitorAye

RosenthalAye

WalkerAye

VanelAye

CruzAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezExcused

TaylorAye

Go to topA00318 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00318 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 318--A
 Cal. No. 262

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. CRUZ, ZACCARO, WEPRIN -- read once and referred
 to the Committee on Codes -- recommitted to the Committee on Codes in
 accordance with Assembly Rule 3, sec. 2 -- reported from committee,
 advanced to a third reading, amended and ordered reprinted, retaining
 its place on the order of third reading

 AN ACT to amend the penal law and the civil rights law, in relation to
 prohibiting speech-based defenses to actions brought against an indi-
 vidual for the unlawful dissemination or publication of an intimate
 image

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 245.15 of the penal law is amended by adding a new
 2 subdivision 5 to read as follows:
 3 5. It shall not be a defense to any criminal action brought against an
 4 individual pursuant to this section that such dissemination or publica-
 5 tion of an intimate image is protected by a right to free speech, where
 6 the prosecution has established beyond a reasonable doubt that, at the
 7 time of dissemination, the defendant knew or should have known that the
 8 subject of the image had a reasonable expectation of privacy and did not
 9 consent to the release of such image.
 10 § 2. Section 52-b of the civil rights law is amended by adding a new
 11 subdivision 6-a to read as follows:
 12 6-a. It shall not be a defense to any civil action brought against an
 13 individual pursuant to this section that such dissemination or publica-
 14 tion of an intimate image is protected by a right to free speech, where
 15 the plaintiff has established by a preponderance of the evidence that,
 16 at the time of dissemination, the defendant knew or should have known
 17 that the subject of the image had a reasonable expectation of privacy
 18 and did not consent to the release of such image.
 19 § 3. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01205-02-6

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