New York A00318 prohibits speech-based defenses in civil and criminal actions for unlawful dissemination of intimate images.
New York A00318 amends the civil rights law and penal law to prohibit speech-based defenses in actions against individuals for the unlawful dissemination or publication of intimate images. Specifically, it disallows such defenses in both civil and criminal cases if the plaintiff or prosecution can prove that the defendant knew or should have known that the subject had a reasonable expectation of privacy and did not consent to the release of the image. This change takes effect immediately upon enactment.
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