[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included as an
attachment to this chapter.]
[Adopted 11-20-2018 by L.L. No. 26-2018]
This Legislature hereby finds and determines that the County
of Suffolk values and protects the right to privacy for all of its
law-abiding residents. This Legislature also finds and determines
that, in the age of the internet, some individuals post inappropriate
and negative information about others towards whom they feel animus,
frequently targeting their former intimate partners. This Legislature
further finds and determines that, in some cases, these persons have
posted intimate images of former partners which were not intended
for public dissemination when obtained and they do so without the
consent of the person depicted. This type of malicious act is commonly
known as "revenge porn." This Legislature finds that 40 states, the
District of Columbia and several municipalities, including New York
City, have enacted legislation establishing criminal and civil liability
for individuals who post revenge porn. New York State is one of 10
states that provide no legal protection for victims of revenge porn.
This Legislature determines that the targets of revenge porn suffer
real emotional and economic injury. This Legislature also finds that
in order to protect the victims of these types of terrible and cowardly
acts, Suffolk County should criminalize the act of disseminating revenge
porn and create for victims a civil cause of action to hold their
assailants responsible for their acts. Therefore, the purpose of this
article is to criminalize the act of uploading intimate photos without
the knowledge or consent of the individual depicted and create a private
cause of action for victims to seek civil damages for such actions.
As used in this article, the following terms shall have the
meanings indicated:
Permission that is knowingly and voluntarily given while
in an unimpaired mental state.
An individual who gains possession of, or access to, an intimate
image of a depicted individual, including through the recording of
the intimate image.
An individual depicted in a photograph, film, videotape,
recording or any other reproduction of an image that portrays such
individual:
To disseminate, as defined in New York Penal Law § 250.40(5),
or to publish, as defined in New York Penal Law § 250.40(6).
The genitals, pubic area or anus of any person, or the female
nipple or areola of a person who is 11 years of age or older.
A photograph, film, videotape, recording or any other reproduction
of an image of a depicted individual that has been disclosed or is
threatened to be disclosed in a manner in which, or to a person or
audience to whom, the depicted individual did not intend disclosure
at the time when the covered recipient gained possession of or access
to the intimate image. An intimate image does not include any image
taken in a public place, as defined in New York Penal Law § 240.00,
except if, at the time the image was recorded, an individual in the
depicted individual's position would reasonably have believed that
no one other than the covered recipient could view the applicable
intimate body parts or sexual activity while such body parts were
exposed or such activity was occurring.
Any of the following actions: sexual intercourse, as defined
in New York Penal Law § 130.00(1); oral sexual conduct or
anal sexual conduct, as those terms are defined in New York Penal
Law § 130.00(2); touching of the sexual or other intimate
parts of a person for the purpose of gratifying sexual desire; sexual
penetration with any object; or the transmission or appearance of
semen upon any part of the depicted individual's body.
A.Â
No covered recipient shall disclose an intimate image without the
depicted individual's consent, with the intent to cause economic,
physical or substantial emotional harm to such depicted individual,
where such depicted individual is or would be identifiable to another
individual either from the intimate image or from the circumstances
under which such image is disclosed.
B.Â
No covered recipient shall threaten to violate Subsection A of this section. When determining if a threat is made pursuant to this subsection, a depicted individual shall be considered to be identifiable where the covered recipient states or implies that such person would be so identifiable in the intimate image.
The prohibitions established in this article shall not apply
if:
A.Â
The disclosure or threat of disclosure is made in the course of reporting
unlawful activity, in the course of a legal proceeding or by law enforcement
personnel in conducting their authorized duties.
B.Â
The disclosure is made by a provider of an interactive computer service,
as defined in 47 U.S.C. § 230(f)(2), with regard to content
provided by another information content provider, as defined in 47
U.S.C. § 230(f)(3).
C.Â
The disclosure or threat of disclosure is made in relation to a matter
of legitimate public concern or is otherwise protected by the First
Amendment of the United States Constitution.
Violation of this article shall constitute an unclassified misdemeanor,
punishable by up to one year's imprisonment and/or a fine of up to
$1,000.
A.Â
Any individual who suffers harm from a violation of this article
shall have a civil cause of action in any court of competent jurisdiction
against the individual who engaged in prohibited conduct. Plaintiffs
in such an action may seek to hold the defendant liable for any or
all of the following:
B.Â
The private cause of action established under this section shall
not require that a criminal charge be brought or a criminal conviction
obtained as a condition precedent to the plaintiff commencing a civil
action or obtaining a civil judgment.
This article shall apply to all actions occurring on or after
the effective date of this article.
[Adopted 11-16-2021 by L.L. No. 27-2021]
A.Â
This Legislature hereby finds and determines that it is the duty
of Suffolk County to protect the safety and welfare of its residents.
This Legislature also finds and determines that there has been an
increase in cases where an individual's personally identifying
information is published, posted or otherwise made public by third
parties as a means of threatening, intimidating or harassing, colloquially
known as "doxing." This Legislature further finds and determines that
in order to protect County residents from these intrusions and the
risks that inherently arise from doxing, publication of their personally
identifying information should be prohibited.
B.Â
Therefore, the purpose of this article is to prohibit the publishing,
posting or otherwise publicizing the personally identifying information
of any County resident.
As used in this article, the following terms shall have the
meanings indicated:
Electronically publishing, posting or otherwise disclosing
information to a public internet site or public forum.
A person who regularly resides in the household or who within
the six months preceding the conduct of the offense regularly resided
in the household.
A parent, grandparent, spouse, child, stepchild, father-in-law,
mother-in-law, son-in-law, daughter-in-law, sibling, brother-in-law,
sister-in-law or grandchild.
Any natural person, firm, partnership, corporation, association,
company, organization or legal entity of any kind.
Any information that identifies or reasonably can be used
to identify an individual, including but not limited to:
Social security number or other government-issued identifier;
Date of birth;
Home or physical address;
Electronic-mail address or phone number;
Financial account number or credit or debit card number;
Biometric, health or medical data, or insurance information;
and/or
School or employment locations.
A.Â
A person is guilty of disseminating personally identifying information
about another person when, with the intent to intimidate, abuse, threaten,
harass or frighten a person who resides in Suffolk County, he or she:
(1)Â
Intentionally disseminates the personally identifying information
of a person or a person's immediate family member or household
member; and
(2)Â
The dissemination would cause a reasonable person to be in fear of
physical injury to himself or herself, his or her immediate family
member, or his or her household member.
B.Â
This section shall apply to electronic communications originating
within or accessible within Suffolk County.
C.Â
Nothing in this section shall be construed to impose liability on a broadband internet access service provider, a telecommunications service provider, an interconnected VoIP, or a mobile service provider as defined in 47 U.S.C. § 153, a commercial mobile service provider as defined in 47 U.S.C. § 332(d), or a cable operator as defined in 47 U.S.C. § 522, when acting in its capacity as a provider of those services.
Any person who violates this article shall be guilty of an unclassified
misdemeanor, punishable by a fine of up to $1,000 and/or up to one
year's imprisonment.
This article shall apply to all actions occurring on or after
the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
