Add New York to the growing list of states moving to make “revenge porn” a sex crime.
In the very near future, Governor Andrew Cuomo is expected to sign a bill that would criminalize the nonconsensual publishing or sharing of sexually explicit photos or videos of a current or former partner. The law is designed to curb the growing threat that people’s private images can be shared online and through social media outlets without their consent.
The new measure, which was passed by both chambers of the state legislature in late February, would make revenge porn a Class A misdemeanor. The offense would be punishable by up to one year in jail, three years of probation and $1,000 in fines.
“For years I have called for outlawing revenge porn as part of our fight to combat sexual violence in all its forms,” Cuomo said in a statement issued after the bill was passed. “This disgusting and insidious behavior, which can follow victims around their entire lives, has no place in New York.”
The legislation also creates a “private right of action” for revenge porn victims. That means victims can sue their revenge porn attackers for money damages—and seek to have the images removed—in civil court. The victim doesn’t have to wait until the perpetrator is charged with a crime or convicted to file that lawsuit.
A total of 41 states, and some cities, already have laws on the books making revenge porn a crime. Those laws eliminate freedom of speech defenses to the nonconsensual sharing of certain explicit or private material. The New York law would be the first in the country that would allow judges to order websites and social media platforms directly to remove the images, instead of making the person who posted the image responsible for taking it down, according to the New York Times.
Speak With an Albany Sex Crimes Attorney at the Tyner Law Firm Today
Whether its revenge porn, date rape or offenses including children, sex crimes are serious matters that can come with lifelong consequences for everyone involved. That’s why anyone charged with—or even suspected of—a sex crime in the Capital District should immediately seek the advice of an experienced Albany sex crimes attorney. A lawyer can help you start building the strongest possible defense as soon as possible. In some cases, that may be before you’ve even been charged with a crime.
Albany sex crimes attorney James E. Tyner is an experienced criminal defense lawyer who has been representing clients throughout the region for more than a decade. He has a strong track record of getting the best possible results for the people that he represents. Contact us online or call 518-783-3800 to schedule a free consultation.
