S 1822: Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image.

  
  STATE OF NEW YORK ________________________________________________________________________ 1822 2025-2026 Regular Sessions  IN SENATE January 14, 2025 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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. 6 § 2. Section 52-b of the civil rights law is amended by adding a new 7 subdivision 6-a to read as follows: 8 6-a. It shall not be a defense to any civil action brought against an 9 individual pursuant to this section that such dissemination or publica- 10 tion of an intimate image is protected by a right to free speech. 11 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01205-01-5