New York S 6278: Relates to the Fishers Island ferry district in the town of Southold, Suffolk county; repealer

Bill Text

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S06278 Summary:

BILL NOS06278 

&nbsp

SAME ASSAME AS A06293

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §240.80, Pen L; amd §§52-b & 52-c, Civ Rts L

&nbsp

Establishes the crime of aggravated harassment by means of electronic or digital communication; provides for a private right of action for the unlawful dissemination or publication of deep fakes, which are digitized images which are altered to incorporate a person's face or their identifiable body part onto an image and such image depicts a pornographic or lewd sex act or graphic violence.

Go to top S06278 Actions:

BILL NOS06278 

&nbsp

03/07/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS06278 Committee&nbspVotes:

Go to topS06278 Floor&nbspVotes:

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

Go to topS06278 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6278

 2025-2026 Regular Sessions

 IN SENATE

 March 7, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to establishing the crime of
 aggravated harassment by means of electronic or digital communication;
 and to amend the civil rights law, in relation to providing for a
 private right of action for the unlawful dissemination or publication
 of deep fakes

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

 1 Section 1. The penal law is amended by adding a new section 240.80 to
 2 read as follows:
 3 § 240.80 Aggravated harassment by means of electronic or digital commu-
 4 nication.
 5 1. A person is guilty of aggravated harassment by means of electronic
 6 or digital communication when, with the intent to harass, annoy, threat-
 7 en or alarm another person, such person produces, distributes, publishes
 8 or broadcasts material that contains a picture, photograph or image of a
 9 person or persons or a deep fake into which the image of another person
 10 or persons is superimposed as a deep fake.
 11 2. For purposes of this section, "deep fake" means a digitized image
 12 that is altered to incorporate a person's face or their identifiable
 13 body part onto such image, and such image is any printed material,
 14 advertisement, movie, video, communication or computer image that
 15 depicts a pornographic or lewd sex act as defined pursuant to section
 16 245.00 or 130.00 of this part, or graphic violence, that is published
 17 without the explicit written permission of the individual or individuals
 18 depicted, and for no other legitimate purpose other than to harass,
 19 annoy, threaten or alarm another person.
 20 Aggravated harassment by means of electronic or digital communication
 21 shall be a class A misdemeanor.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07436-01-5

 S. 6278 2

 1 § 2. Section 52-b of the civil rights law, as added by chapter 109 of
 2 the laws of 2019, the opening paragraph of subdivision 1, subdivisions 4
 3 and 5 as amended and subdivision 11 as added by section 3 of subpart A
 4 of part MM of chapter 58 of the laws of 2024, is amended to read as
 5 follows:
 6 § 52-b. Private right of action for unlawful dissemination or publica-
 7 tion of an intimate image or deep fake. 1. Any person depicted in a
 8 still or video image, including an image created or altered by digitiza-
 9 tion, regardless of whether or not the original still or video image was
 10 consensually obtained, shall have a cause of action against an individ-
 11 ual who, for the purpose of harassing, annoying or alarming such person,
 12 disseminated or published, or threatened to disseminate or publish, such
 13 still or video image, where such image or deep fake:
 14 a. was a deep fake or was taken when such person had a reasonable
 15 expectation that [the] their image would remain private; and
 16 b. depicts (i) an unclothed or exposed intimate part of such person;
 17 or (ii) such person engaging in sexual conduct, as defined in subdivi-
 18 sion ten of section 130.00 of the penal law, with another person; and
 19 c. was disseminated or published, or threat