A 11720: Prohibits operators of a website, application, software, program, or service from allowing users to nudify a still or video image; prohibits advertising or promoting websites, applications, software, programs, or services that allow users to nudify a still or video image; provides an exception when technical skill is required to nudify an image; establishes penalties for violations of such provisions; establishes the nudification prohibition recoveries services fund to provide grants to support the direct needs of victims of sexual assault, domestic violence, and child abuse.

  
  STATE OF NEW YORK ________________________________________________________________________ 11720  IN ASSEMBLY September 16, 2026 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) -- read once and referred to the Committee on Science and Technology AN ACT to amend the general business law, in relation to prohibiting nudification technology; and to amend the state finance law, in relation to establishing the nudification prohibition recoveries services fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 44-C to read as follows: 3 ARTICLE 44-C 4 NUDIFICATION TECHNOLOGY 5 Section 1430. Definitions. 6 1431. Prohibition on nudification technology. 7 1432. Remedies. 8 1433. Scope. 9 § 1430. Definitions. For purposes of this article the following terms 10 shall have the following meanings: 11 1. "Identifiable individual" shall mean a person who may reasonably be 12 identified from a still or video image or from information displayed in 13 connection with a still or video image; 14 2. "Intimate part" shall have the same meaning as in paragraph (a) of 15 subdivision two of section 245.15 of the penal law; 16 3. "Nudify" or "nudified" means the process by which: 17 (a) a still or video image is generated or altered to depict an inti- 18 mate part not depicted in an original unaltered still or video image of 19 an identifiable individual; and 20 (b) such generated or altered still or video image is sufficiently 21 realistic that a reasonable person would believe the intimate part 22 belongs to the identifiable individual. 23 4. "Technical skill" means substantial application of individualized 24 technological or artistic skill and judgment by a human creator in 25 directing, shaping, or controlling an output. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16267-01-6 
 A. 11720 2 1 5. "Operator" means a person, business or other legal entity that 2 owns, controls, or operates a website, application, software, program, 3 or service that can nudify a still or video image. 4 6. "User" shall mean a user of a website, application, software, 5 program, or service that can nudify a still or video image not acting as 6 an operator, or agent or affiliate of such operator, of such website, 7 application, software, program or service or any portion thereof. 8 § 1431. Prohibition on nudification technology. 1. No operator shall: 9 (a) Allow a user to access, download, or use such operator's website, 10 application, software, program or service to nudify a still or video 11 image; or 12 (b) Nudify a still or video image on behalf of a user. 13 2. No person shall advertise or promote any website, application, 14 software, program, or service that performs the actions described in 15 subdivision one of this section. 16 3. The prohibitions of subdivisions one and two of this section shall 17 not apply when the website, application, software, program, or service 18 requires the technical skill of a user to nudify an image or video. 19 § 1432. Remedies. 1. An individual depicted in a still or video image 20 that has been nudified in violation of section fourteen hundred thirty- 21 one of this article may bring a civil action against the person or oper- 22 ator who violated such section for: 23 (a) compensatory damages, including mental anguish or suffering, in an 24 amount up to three times the actual damages sustained; 25 (b) punitive damages; 26 (c) injunctive relief; 27 (d) reasonable attorneys' fees, costs, and disbursements; and 28 (e) such other relief the court deems just and equitable. 29 2. In addition to any other remedies or penalties, a person or opera- 30 tor who violates section fourteen hundred thirty-one of this article 31 shall be subject to a civil penalty not to exceed five hundred thousand 32 dollars for each unlawful access, download, or use of still or video 33 images generated or altered in violation of section fourteen hundred 34 thirty-one of this article. 35 3. Whenever it appears to the attorney general, upon complaint or 36 otherwise, that any person has violated the provisions of this article, 37 the attorney general may bring an action or special proceeding in the 38 name and on behalf of the people of the state of New York to enjoin any 39 such violation, to obtain restitution of any moneys or property obtained 40 directly or indirectly by any such violation, to obtain disgorgement of 41 any profits or gains obtained directly or indirectly by any such 42 violation, to obtain damages caused directly or indirectly by any such 43 violation, to obtain civil penalties of up to five hundred thousand 44 dollars for each unlawful access, download, or use of still or video 45 images generated or altered in violation of section fourteen hundred 46 thirty-one of this article, and to obtain any such other and further 47 relief as the court may deem proper, including preliminary relief. 48 4. Any civil penalty recovered by the state pursuant to this article 49 shall be deposited into the nudification prohibition recoveries services 50 fund established pursuant to section 99-uu of the state finance law to 51 be used for the purposes therein. 52 § 1433. Scope. Nothing in this section shall be construed to limit, or 53 to enlarge, the protections that 47 U.S.C § 230 confers on an interac- 54 tive computer service for content provided by another information 55 content provider, as such terms are defined in 47 U.S.C. § 230. 
 A. 11720 3 1 § 2. The state finance law is amended by adding a new section 99-uu to 2 read as follows: 3 § 99-uu. Nudification prohibition recoveries services fund. 1. There 4 is hereby established in the joint custody of the state comptroller and 5 the commissioner of taxation and finance a fund to be known as the 6 "nudification prohibition recoveries services fund". 7 2. Moneys allocated to the nudification prohibition recoveries 8 services fund shall be kept separate and shall not be commingled with 9 any other funds in the custody of the state comptroller. 10 3. Such fund shall consist of all fines and civil penalties imposed 11 pursuant to section fourteen hundred thirty-two of the general business 12 law and all other moneys appropriated, credited, or transferred thereto 13 from any other fund or source pursuant to law. Nothing contained in this 14 section shall prevent the state from receiving grants, gifts or bequests 15 for the purposes of the fund as defined in this section and depositing 16 them into the fund according to law. Any interest received by the comp- 17 troller on moneys on deposit in such fund shall be retained in and 18 become part of such fund. 19 4. Moneys of the fund shall be expended only to provide grants to 20 support the direct needs of victims of sexual assault, domestic 21 violence, and child abuse. Such grants may provide: 22 (a) Direct assistance to victims of sexual assault, domestic violence, 23 or child abuse; 24 (b) Services including housing, mental and behavioral health support, 25 or other supportive services; 26 (c) Prevention and awareness programming; and 27 (d) Support for direct service workers assisting victims of sexual 28 assault, domestic violence, or child abuse. 29 5. Moneys shall be payable from the fund on the audit and warrant of 30 the state comptroller on vouchers approved and certified by the director 31 of the office of victim services, the executive director of the New York 32 state office for the prevention of domestic violence, or the commission- 33 er of criminal justice services. 34 § 3. This act shall take effect on the ninetieth day after it shall 35 have become a law.