§ 245.15 Unlawful dissemination or publication of an intimate image.\n 1. A person is guilty of unlawful dissemination or publication of an\nintimate image when:\n (a) with intent to cause harm to the emotional, financial or physical\nwelfare of another person, they intentionally disseminate or publish a\nstill or video image depicting such other person with one or more\nintimate parts exposed or engaging in sexual conduct with another\nperson, including an image created or altered by digitization, where\nsuch person may reasonably be identified from the still or video image\nitself or from information displayed in connection with the still or\nvideo image; and\n (b) the actor knew or reasonably should have known that the person\ndepicted did not consent to such dissemination or publication, including\nthe dissemination or publication of an image taken with the consent of\nthe person depicted when such person had a reasonable expectation that\nthe image would remain private, regardless of whether the actor was\npresent when such image was taken.\n 2. For purposes of this section the following terms shall have the\nfollowing meanings:\n (a) "intimate part" means the naked genitals, pubic area, anus or\nfemale nipple of the person;\n (b) "disseminate" and "publish" shall have the same meaning as defined\nin section 250.40 of this title;\n (c) "sexual conduct" shall have the same meaning as defined in\nsubdivision ten of section 130.00 of this chapter; and\n (d) "digitization" shall mean to alter an image in a realistic manner\nutilizing an image or images of a person, other than the person\ndepicted, or computer generated images.\n 3. This section shall not apply to the following:\n (a) the reporting of unlawful conduct;\n (b) dissemination or publication of an intimate image made during\nlawful and common practices of law enforcement, legal proceedings or\nmedical treatment;\n (c) images involving voluntary exposure in a public or commercial\nsetting; or\n (d) dissemination or publication of an intimate image made for a\nlegitimate public purpose.\n 4. Nothing in this section shall be construed to limit, or to enlarge,\nthe protections that 47 U.S.C § 230 confers on an interactive computer\nservice for content provided by another information content provider, as\nsuch terms are defined in 47 U.S.C. § 230.\n Unlawful dissemination or publication of an intimate image is a class\nA misdemeanor.\n
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