"Revenge porn" has been around for a long time. Before computers existed, it was referred to as extortion, blackmail, coercion, stalking or harassment. Offenders threatened their intimate partners with pictures they had taken of their private moments together, but the harm was limited by the available technology. Then the world changed forever with the Internet and online virtual existence. In 2014, the New York City Criminal Court defined revenge porn simply as "sexually explicit media that is publicly shared online without the consent of the pictured individual." People v. Barber, 42 Misc. 3d 1225(A) (Crim. Ct., NY Co. Feb. 18, 2014; Dkt. No. 2013NY059761). After years of legislative stutter steps, on July 23, 2019, former Gov. Andrew Cuomo signed into law the bill making revenge porn, a form of cyber sexual abuse, a class "A" misdemeanor, effective Sept. 21, 2019. The crime of revenge porn was codified as Penal Law §245.15, entitled Unlawful dissemination or publication of an intimate image, along with its civil analog, authorizing a private right of action providing victims with a civil remedy per §52-b of the New York Civil Rights Law.

At the time of the signing the law, the Governor opined that he had advocated for outlawing revenge porn as part of his fight to combat sexual violence in all its forms and referred to it as "disgusting and insidious behavior, which can follow victims around their entire lives," having no place in New York State. See, e.g., Denis Slattery, New York lawmakers finally pass long-stalled 'revenge porn' bill, New York Daily News (Feb. 28, 2019); Michael Gormley, Gov. Cuomo signs legislation to outlaw revenge porn, Newsday (July 23, 2019). This article will address the last three years of the budding development of New York state's revenge porn law in the courts.