52-B - Private Right of Action for Unlawful Dissemination or Publication of an Intimate Image.

NY Civ Rights L § 52-B (2019) (N/A)
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(i) an unclothed or exposed intimate part, as defined in section 245.15 of the penal law, of a resident of this state; or

(ii) a resident of this state engaging in sexual conduct as defined in subdivision ten of section 130.00 of the penal law with another person; and b. Such still or video image is hosted or transmitted without the consent of such resident of this state, shall be subject to personal jurisdiction in a civil action in this state to the maximum extent permitted under the United States constitution and federal law. 6. A cause of action or special proceeding under this section shall be commenced the later of either: a. three years after the dissemination or publication of an image; or b. one year from the date a person discovers, or reasonably should have discovered, the dissemination or publication of such image. 7. Nothing herein shall be read to require a prior criminal complaint, prosecution or conviction to establish the elements of the cause of action provided for by this section. 8. The provisions of this section are in addition to, but shall not supersede, any other rights or remedies available in law or equity. 9. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. 10. Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.