Credit: Jane Kelly/Adobe Stock Revenge Porn 3.0
New York state's enactment of Penal Law §245.15, criminalizing revenge porn, and its civil analog, §52-b of the New York Civil Rights Law, was a major step in the right direction of protecting the privacy and freedom from abuse and harassment of targeted victims, but now comes the real test of the law in the crucible of the courtroom.
October 24, 2022 at 12:00 PM
12 minute read
Columns
"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.
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