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PART MM
Section 1. Short title. This act shall be known and may be cited as
the "artificial intelligence deceptive practices act".
§ 2. This act enacts into law major components of legislation neces-
sary to implement the artificial intelligence deceptive practices act.
Each component is wholly contained within a Subpart identified as
Subparts A through C. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes a reference to
a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section four of this act
sets forth the general effective date of this act.
SUBPART A
Section 1. Section 50 of the civil rights law is amended to read as
follows:
§ 50. Right of privacy. A person, firm or corporation that uses for
advertising purposes, or for the purposes of trade, the name, portrait
[or], picture, LIKENESS, OR VOICE of any living person without having
first obtained the written consent of such person, or if a minor of [his
or her] SUCH MINOR'S parent or guardian, is guilty of a misdemeanor.
§ 2. Section 51 of the civil rights law, as amended by chapter 674 of
the laws of 1995, is amended to read as follows:
§ 51. Action for injunction and for damages. Any person whose name,
portrait, picture, LIKENESS or voice is used within this state for
advertising purposes or for the purposes of trade without the written
consent first obtained as above provided may maintain an equitable
action in the supreme court of this state against the person, firm or
corporation so using [his] SUCH PERSON'S name, portrait, picture, LIKE-
NESS or voice, to prevent and restrain the use thereof; and may also sue
and recover damages for any injuries sustained by reason of such use and
if the defendant shall have knowingly used such person's name, portrait,
picture, LIKENESS or voice in such manner as is forbidden or declared to
be unlawful by section fifty of this article, the jury, in its
discretion, may award exemplary damages. But nothing contained in this
article shall be so construed as to prevent any person, firm or corpo-
ration from selling or otherwise transferring any material containing
such name, portrait, picture, LIKENESS or voice in whatever medium to
any user of such name, portrait, picture, LIKENESS or voice, or to any
third party for sale or transfer directly or indirectly to such a user,
for use in a manner lawful under this article; nothing contained in this
article shall be so construed as to prevent any person, firm or corpo-
ration, practicing the profession of photography, from exhibiting in or
about [his or its] THEIR establishment specimens of the work of such
establishment, unless the same is continued by such person, firm or
corporation after written notice objecting thereto has been given by the
person portrayed; and nothing contained in this article shall be so
construed as to prevent any person, firm or corporation from using the
name, portrait, picture, LIKENESS or voice of any manufacturer or dealer
in connection with the goods, wares and merchandise manufactured,
produced or dealt in by [him] SUCH MANUFACTURER OR DEALER which [he has]
THEY HAVE sold or disposed of with such name, portrait, picture, LIKE-
NESS or voice used in connection therewith; or from using the name,
portrait, picture, LIKENESS or voice of any author, composer or artist
in connection with [his] THEIR literary, musical or artistic productions
which [he has] THEY HAVE sold or disposed of with such name, portrait,
picture, LIKENESS or voice used in connection therewith. Nothing
contained in this section shall be construed to prohibit the copyright
owner of a sound recording from disposing of, dealing in, licensing or
selling that sound recording to any party, if the right to dispose of,
deal in, license or sell such sound recording has been conferred by
contract or other written document by such living person or the holder
of such right. Nothing contained in the foregoing sentence shall be
deemed to abrogate or otherwise limit any rights or remedies otherwise
conferred by federal law or state law.
§ 3. The opening paragraph of subdivision 1 and subdivisions 4 and 5
of section 52-b of the civil rights law, as added by chapter 109 of the
laws of 2019, are amended and a new subdivision 11 is added to read as
follows:
Any person depicted in a still or video image, INCLUDING AN IMAGE
CREATED OR ALTERED BY DIGITIZATION, regardless of whether or not the
original still or video image was consensually obtained, shall have a
cause of action against an individual who, for the purpose of harassing,
annoying or alarming such person, disseminated or published, or threat-
ened to disseminate or publish, such still or video image, where such
image:
4. Any person depicted in a still or video image, INCLUDING AN IMAGE
CREATED OR ALTERED BY DIGITIZATION, that depicts an unclothed or exposed
intimate part of such person, or such person engaging in sexual conduct
as defined in subdivision ten of section 130.00 of the penal law with
another person, which is disseminated or published without the consent
of such person and where such person had a reasonable expectation that
the image would remain private, may maintain an action or special
proceeding for a court order to require any website that is subject to
personal jurisdiction under subdivision five of this section to perma-
nently remove such still or video image; any such court order granted
pursuant to this subdivision may direct removal only as to images that
are reasonably within such website's control.
5. a. Any website that hosts or transmits a still or video image,
INCLUDING AN IMAGE CREATED OR ALTERED BY DIGITIZATION, viewable in this
state, taken under circumstances where the person depicted had a reason-
able expectation that the image would remain private, which depicts:
(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.
11. FOR PURPOSES OF THIS SECTION, "DIGITIZATION" MEANS THE USE OF
SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLIGENCE, OR ANY OTHER COMPU-
TER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING ADAPTING, MODIFYING,
MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
§ 4. Paragraph b of subdivision 1 of section 52-c of the civil rights
law, as added by chapter 304 of the laws of 2020, is amended to read as
follows:
b. "digitization" means to realistically depict the nude body parts of
another human being as the nude body parts of the depicted individual,
computer-generated nude body parts as the nude body parts of the
depicted individual or the depicted individual engaging in sexual
conduct, as defined in subdivision ten of section 130.00 of the penal
law, in which the depicted individual did not engage. "DIGITIZATION"
MAY ALSO MEAN THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLI-
GENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING
ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
§ 5. The civil rights law is amended by adding a new section 50-h to
read as follows:
§ 50-H. PRIVATE RIGHT OF ACTION FOR FALSE LIGHT INVASION OF PRIVACY.
1. FOR THE PURPOSES OF THIS SECTION:
A. "DEPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHOSE PICTURE, PORTRAIT
OR VOICE APPEARS IN DIGITALLY-ALTERED MATERIAL IN A REALISTIC MANNER.
B. "ACTOR" MEANS A HUMAN BEING OR A LEGAL ENTITY.
C. "INDIVIDUAL" MEANS A NATURAL INDIVIDUAL.
D. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFI-
CIAL INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL
MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REAL-
ISTIC DEPICTION.
E. "DIGITALLY-ALTERED MATERIAL" MEANS ANY AUDIO OR VISUAL MEDIA,
INCLUDING ANY PHOTOGRAPH, FILM, VIDEOTAPE, AUDIO RECORDING OR SIMILAR
MEDIUM THAT HAS BEEN CREATED OR ALTERED IN A REALISTIC MANNER USING
DIGITIZATION.
2. A. A DEPICTED INDIVIDUAL SHALL HAVE A CAUSE OF ACTION AGAINST AN
ACTOR WHO DISCLOSES, DISSEMINATES, OR PUBLISHES DIGITALLY-ALTERED MATE-
RIAL THAT CONTAINS A FALSE STATEMENT OR REPRESENTATION WHICH PLACES SUCH
INDIVIDUAL IN A FALSE LIGHT, IF:
I. THE FALSE LIGHT IN WHICH THE DEPICTED INDIVIDUAL WAS PLACED WOULD
BE HIGHLY OFFENSIVE TO A REASONABLE PERSON; AND
II. (A) WHERE THE DEPICTED INDIVIDUAL IS A PRIVATE PERSON, THE ACTOR
KNEW OR IN THE EXERCISE OF REASONABLE CARE SHOULD HAVE KNOWN OF THE
FALSITY OF SUCH DIGITALLY-ALTERED MATERIAL; OR (B) WHERE THE DEPICTED
INDIVIDUAL IS A PUBLIC FIGURE, THE ACTOR HAD KNOWLEDGE OF OR ACTED WITH
RECKLESS DISREGARD AS TO THE FALSITY OF SUCH DIGITALLY-ALTERED MATERIAL.
B. IT SHALL NOT BE A DEFENSE TO AN ACTION UNDER THIS SECTION THAT
THERE IS A DISCLAIMER THAT THE DIGITALLY-ALTERED MATERIAL THAT PLACES
THE DEPICTED INDIVIDUAL IN A FALSE LIGHT WAS UNAUTHORIZED OR THAT THE
DEPICTED INDIVIDUAL DID NOT PARTICIPATE IN THE CREATION OR DEVELOPMENT
OF THE DIGITALLY-ALTERED MATERIAL.
3. A CAUSE OF ACTION UNDER THIS SECTION SHALL BE COMMENCED THE LATER
OF EITHER:
A. THREE YEARS AFTER THE DISCLOSURE, DISSEMINATION OR PUBLICATION OF
THE DIGITALLY-ALTERED MATERIAL THAT PLACES THE DEPICTED INDIVIDUAL IN A
FALSE LIGHT;
B. ONE YEAR FROM THE DATE A PERSON DISCOVERS, OR REASONABLY SHOULD
HAVE DISCOVERED, THE DISCLOSURE, DISSEMINATION OR PUBLICATION OF SUCH
DIGITALLY-ALTERED MATERIAL THAT PLACES THE DEPICTED INDIVIDUAL IN A
FALSE LIGHT.
4. IN ANY ACTION COMMENCED PURSUANT TO THIS SECTION, THE FINDER OF
FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE RELIEF, PUNITIVE DAMAGES,
COMPENSATORY DAMAGES AND REASONABLE COURT COSTS AND ATTORNEYS' FEES.
5. NOTHING IN THIS SECTION SHALL BE READ TO REQUIRE A PRIOR CRIMINAL
COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE ELEMENTS OF THE
CAUSE OF ACTION PROVIDED FOR IN THIS SECTION.
6. THE PROVISIONS OF THIS SECTION INCLUDING THE REMEDIES ARE IN ADDI-
TION TO, AND SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE
IN LAW OR EQUITY.
7. 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.
8. 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.
§ 6. This act shall take effect immediately.
SUBPART B
Section 1. Section 10.00 of the penal law is amended by adding a new
subdivision 23 to read as follows:
23. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING, ARTI-
FICIAL INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL
MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REAL-
ISTIC DEPICTION.
§ 2. The penal law is amended by adding a new section 15.30 to read as
follows:
§ 15.30 EFFECT OF USE OF DIGITIZATION UPON LIABILITY.
A PERSON IS NOT RELIEVED OF CRIMINAL LIABILITY FOR CONDUCT BECAUSE IT
INVOLVES THE USE OF DIGITIZATION, REGARDLESS OF WHETHER THE MATERIAL
CREATED OR ALTERED BY DIGITIZATION INDICATES THROUGH A LABEL OR SOME
OTHER FORM OF INFORMATION PUBLISHED THAT DIGITIZATION WAS USED. EVIDENCE
OF USE OF DIGITIZATION MAY BE OFFERED WHENEVER IT IS RELEVANT TO ESTAB-
LISH OR NEGATIVE THE CRIME CHARGED.
§ 3. Section 245.15 of the penal law, as added by chapter 109 of the
laws of 2019, subdivisions 1 and 2 as amended by chapter 513 of the laws
of 2023, is amended to read as follows:
§ 245.15 Unlawful dissemination or publication of an intimate image OR
AUDIO RECORD.
1. A person is guilty of unlawful dissemination or publication of an
intimate image OR AUDIO RECORD when:
(a) (I) with intent to cause harm to the emotional, financial or phys-
ical welfare of another person, they intentionally disseminate or
publish a still or video image depicting such other person with one or
more intimate parts exposed or engaging in OBSCENE OR sexual conduct
[with another person], including an image created or altered by digiti-
zation, where such person may reasonably be identified from the still or
video image itself or from information displayed in connection with the
still or video image; and
[(b)] (II) the actor knew or reasonably should have known that the
person depicted did not consent to such dissemination or publication,
including the dissemination or publication of an image taken with the
consent of the person depicted when such person had a reasonable expec-
tation that the image would remain private, regardless of whether the
actor was present when such image was taken[.]; OR
(B) (I) WITH INTENT TO CAUSE HARM TO THE EMOTIONAL, FINANCIAL OR PHYS-
ICAL WELFARE OF ANOTHER PERSON, THEY INTENTIONALLY DISSEMINATE OR
PUBLISH AN AUDIO RECORD DEPICTING SUCH OTHER PERSON ENGAGING IN SEXUAL
OR OBSCENE CONDUCT, INCLUDING AN AUDIO RECORD CREATED OR ALTERED BY
DIGITIZATION, WHERE SUCH PERSON MAY REASONABLY BE IDENTIFIED FROM THE
AUDIO RECORD ITSELF OR FROM INFORMATION DISPLAYED IN CONNECTION WITH THE
AUDIO RECORD; AND
(II) THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON
DEPICTED DID NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION, INCLUDING
THE DISSEMINATION OR PUBLICATION OF AN AUDIO RECORD TAKEN WITH THE
CONSENT OF THE PERSON DEPICTED WHEN SUCH PERSON HAD A REASONABLE EXPEC-
TATION THAT THE AUDIO RECORD WOULD REMAIN PRIVATE, REGARDLESS OF WHETHER
THE ACTOR WAS PRESENT WHEN SUCH AUDIO RECORD WAS TAKEN.
2. For purposes of this section the following terms shall have the
following meanings:
(a) "intimate part" means the naked genitals, pubic area, anus or
female nipple of the person;
(b) "disseminate" and "publish" shall have the same meaning as defined
in section 250.40 of this title;
(c) "sexual conduct" shall have the same meaning as defined in subdi-
vision ten of section 130.00 of this chapter; and
(d) ["digitization" shall mean to alter an image in a realistic manner
utilizing an image or images of a person, other than the person
depicted, or computer generated images] "OBSCENE" SHALL HAVE THE SAME
MEANING AS DEFINED IN SECTION 235.00 OF THIS PART.
3. This section shall not apply to the following:
(a) the reporting of unlawful conduct;
(b) dissemination or publication of an intimate image OR AUDIO RECORD
made during lawful and common practices of law enforcement, legal
proceedings or medical treatment;
(c) images AND AUDIO RECORDS involving voluntary exposure in a public
or commercial setting; or
(d) dissemination or publication of an intimate image OR AUDIO RECORD
made for a legitimate public purpose.
4. 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.
Unlawful dissemination or publication of an intimate image OR AUDIO
RECORD is a class A misdemeanor.
§ 4. Section 135.60 of the penal law, as amended by section 1 of part
NN of chapter 55 of the laws of 2018, the opening paragraph as amended
by chapter 484 of the laws of 2021, subdivision 10 as added by chapter
447 of the laws of 2021, is amended to read as follows:
§ 135.60 Coercion in the third degree.
A person is guilty of coercion in the third degree when [he or she]
SUCH PERSON compels or induces a person to engage in conduct which the
latter has a legal right to abstain from engaging in, or to abstain from
engaging in conduct in which [he or she] SUCH LATTER PERSON has a legal
right to engage, or compels or induces a person to join a group, organ-
ization or criminal enterprise which such latter person has a right to
abstain from joining, or compels or induces a person to produce, dissem-
inate, or otherwise display an image or images OR AUDIO RECORD OR
RECORDS depicting nudity of such person [or], depicting such person
engaged in sexual conduct as defined in subdivisions two and three of
section 235.20 of this chapter, OR DEPICTING SUCH OTHER PERSON ENGAGED
IN CONDUCT THAT IS OBSCENE AS DEFINED IN SECTION 235.00 OF THIS PART,
INCLUDING WHEN SUCH MATERIAL IS CREATED OR ALTERED BY DIGITIZATION, by
means of instilling in [him or her] SUCH OTHER PERSON a fear that, if
the demand is not complied with, the actor or another will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be
instituted against [him or her] SUCH PERSON; or
5. Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
6. Cause a strike, boycott or other collective labor group action
injurious to some person's business; except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
8. Use or abuse [his or her] THEIR position as a public servant by
performing some act within or related to [his or her] THEIR official
duties, or by failing or refusing to perform an official duty, in such
manner as to affect some person adversely; or
9. Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to [his or her] THEIR health, safety, business, calling, career,
financial condition, reputation or personal relationships.
10. Report [his or her] THE PERSON'S immigration status or suspected
immigration status.
Coercion in the third degree is a class A misdemeanor.
§ 5. Section 190.25 of the penal law, the section heading, opening
paragraph and closing paragraph as amended by chapter 27 of the laws of
1980, subdivisions 3 and 4 as amended and subdivision 5 as added by
chapter 739 of the laws of 2021, is amended to read as follows:
§ 190.25 Criminal impersonation in the second degree.
A person is guilty of criminal impersonation in the second degree when
[he] THE PERSON:
1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
2. Pretends to be a representative of some person or organization and
does an act in such pretended capacity with intent to obtain a benefit
or to injure or defraud another; or
3. (a) Pretends to be a public servant, or wears or displays without
authority any uniform, badge, insignia or facsimile thereof by which
such public servant is lawfully distinguished, or falsely expresses by
[his] words or actions that [he] SUCH PERSON is a public servant or is
acting with approval or authority of a public agency or department; and
(b) so acts with intent to induce another to submit to such pretended
official authority, to solicit funds or to otherwise cause another to
act in reliance upon that pretense; or
4. Impersonates another by communication by internet website or elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to
induce another to submit to such authority or act in reliance on such
pretense; or
5. Impersonates another person, without such other person's permis-
sion, by using the other person's electronic signature with intent to
obtain a benefit or injure or defraud the other person or another
person. For the purposes of this subdivision, electronic signature shall
have the same meaning as set forth in subdivision three of section three
hundred two of the state technology law.
AS USED IN THIS SECTION, "IMPERSONATE" AND "PRETEND" SHALL INCLUDE,
BUT NOT BE LIMITED TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
Criminal impersonation in the second degree is a class A misdemeanor.
§ 6. Section 190.26 of the penal law, as amended by chapter 2 of the
laws of 1998, subdivision 1 as amended by chapter 434 of the laws of
2008, is amended to read as follows:
§ 190.26 Criminal impersonation in the first degree.
A person is guilty of criminal impersonation in the first degree when
[he] THE PERSON:
1. Pretends to be a police officer or a federal law enforcement offi-
cer as enumerated in section 2.15 of the criminal procedure law, or
wears or displays without authority, any uniform, badge or other insig-
nia or facsimile thereof, by which such police officer or federal law
enforcement officer is lawfully distinguished or expresses by [his or
her] words or actions that [he or she] SUCH PERSON is acting with the
approval or authority of any police department or acting as a federal
law enforcement officer with the approval of any agency that employs
federal law enforcement officers as enumerated in section 2.15 of the
criminal procedure law; and
2. So acts with intent to induce another to submit to such pretended
official authority or otherwise to act in reliance upon said pretense
and in the course of such pretense commits or attempts to commit a felo-
ny; or
3. Pretending to be a duly licensed physician or other person author-
ized to issue a prescription for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is required to be reduced to writing pursuant to section thirty-three
hundred thirty-two of the public health law.
AS USED IN THIS SECTION, "PRETEND" SHALL INCLUDE, BUT NOT BE LIMITED
TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
Criminal impersonation in the first degree is a class E felony.
§ 7. The opening paragraph of section 190.78 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of identity theft in the third degree when [he or
she] SUCH PERSON knowingly and with intent to defraud assumes the iden-
tity of another person, INCLUDING WITH THE USE OF DIGITIZATION, by
presenting [himself or herself] THEMSELF as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
§ 8. The opening paragraph of section 190.79 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of [identify] IDENTITY theft in the second degree
when [he or she] SUCH PERSON knowingly and with intent to defraud
assumes the identity of another person, INCLUDING WITH THE USE OF DIGI-
TIZATION, by presenting [himself or herself] THEMSELF as that other
person, or by acting as that other person or by using personal identify-
ing information of that other person, and thereby:
§ 9. The opening paragraph of section 190.80 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of identity theft in the first degree when [he or
she] SUCH PERSON knowingly and with intent to defraud assumes the iden-
tity of another person, INCLUDING WITH THE USE OF DIGITIZATION, by
presenting [himself or herself] THEMSELF as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
§ 10. The opening paragraph of section 190.80-a of the penal law, as
added by chapter 226 of the laws of 2008, is amended to read as follows:
A person is guilty of aggravated identity theft when [he or she] SUCH
PERSON knowingly and with intent to defraud assumes the identity of
another person, INCLUDING WITH THE USE OF DIGITIZATION, by presenting
[himself or herself] THEMSELF as that other person, or by acting as that
other person or by using personal identifying information of that other
person, and knows that such person is a member of the armed forces, and
knows that such member is presently deployed outside of the continental
United States and:
§ 11. The penal law is amended by adding a new section 245.20 to read
as follows:
§ 245.20 UNLAWFUL DISSEMINATION OR PUBLICATION OF A FABRICATED PHOTO-
GRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD.
1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF A
FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD WHEN, WITH INTENT
TO CAUSE HARM TO THE LIBERTY OR EMOTIONAL, SOCIAL, FINANCIAL OR PHYSICAL
WELFARE OF AN IDENTIFIABLE PERSON OR PERSONS, THE ACTOR INTENTIONALLY
CREATES OR CAUSES TO BE CREATED A FABRICATED RECORD OF SUCH PERSON OR
PERSONS AND DISSEMINATES OR PUBLISHES SUCH RECORD OF SUCH PERSON OR
PERSONS WITHOUT SUCH PERSON OR PERSONS' CONSENT.
2. FOR PURPOSES OF THIS SECTION:
(A) "IDENTIFIABLE" SHALL MEAN THE ABILITY TO DISCERN AN INDIVIDUAL'S
IDENTITY EITHER THROUGH THE FABRICATED RECORD ITSELF OR FROM INFORMATION
DISPLAYED IN CONNECTION WITH THE FABRICATED RECORD;
(B) "FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD" OR
"FABRICATED RECORD" SHALL MEAN A STILL IMAGE, VIDEO OR AUDIO RECORD
THAT:
(I) EXHIBITS A HIGH LEVEL OF AUTHENTICITY OR CONVINCING APPEARANCE
THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
(II) IS EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
LIMITED TO, MANIPULATION THROUGH DIGITIZATION; AND
(III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
ALTERED IN A SIGNIFICANT WAY FROM HOW IT ACTUALLY OCCURRED; AND
(C) "DISSEMINATE" AND "PUBLISH" SHALL HAVE THE SAME MEANINGS AS
DEFINED IN SECTION 250.40 OF THIS TITLE.
3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
(A) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY A PERSON
WHO DID NOT CREATE THE FABRICATED RECORD OR CAUSE THE FABRICATED RECORD
TO BE CREATED, WHETHER OR NOT SUCH PERSON IS AWARE OF THE AUTHENTICITY
OF THE RECORD;
(B) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED DURING THE LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL
PROCEEDINGS OR MEDICAL TREATMENT WHERE THE RECORD IS NOT DISSEMINATED OR
PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
(C) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF POLITICAL OR SOCIAL COMMENTARY, PARODY,
SATIRE, OR ARTISTIC EXPRESSION THAT IS NOT DISSEMINATED OR PUBLISHED
WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
(D) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF NEWS REPORTING WHERE THE RECORD IS NOT
DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
ITY;
(E) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED WHERE THE PERSON REASONABLY BELIEVES THAT THE DISSEMINATION OR
PUBLICATION OF THE RECORD IS NECESSARY TO PROTECT THEMSELVES FROM SERI-
OUS BODILY INJURY OR DEATH;
(F) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF HISTORICAL REENACTMENT OR PRESERVATION,
DIGITAL RESTORATION OR PRESERVATION OF CULTURAL HERITAGE WHERE THE
RECORD IS NOT DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT
ITS AUTHENTICITY;
(G) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF TRAINING OR EDUCATION, PROVIDED HOWEVER THAT
SUCH TRAINING OR EDUCATION SHALL NOT INCLUDE THE TRAINING OR EDUCATION
OF A PERSON OR PERSONS TO ENGAGE IN UNLAWFUL ACTIVITIES;
(H) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF MEMORIALIZING A DECEASED PERSON;
(I) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF LAWFUL SCIENTIFIC, ACADEMIC, OR TECHNOLOGICAL
RESEARCH OR DEVELOPMENT WHERE THE RECORD IS NOT DISSEMINATED OR
PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY; AND
(J) INITIAL DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY THE
PLATFORM OR SERVICE, PROVIDED THAT THE FABRICATED RECORD WAS NOT CREATED
BY AN INDIVIDUAL WHO IS DIRECTLY AFFILIATED WITH THE PLATFORM OR
SERVICE.
4. 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.
UNLAWFUL DISSEMINATION OR PUBLICATION OF A FABRICATED PHOTOGRAPHIC,
VIDEOGRAPHIC, OR AUDIO RECORD IS A CLASS A MISDEMEANOR.
§ 12. Section 263.10 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
§ 263.10 Promoting an obscene sexual performance by a child.
A person is guilty of promoting an obscene sexual performance by a
child when, knowing the character and content thereof, [he] SUCH PERSON
produces, directs or promotes any obscene performance which includes
sexual conduct by a child less than seventeen years of age, INCLUDING A
PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
Promoting an obscene sexual performance by a child is a class D felo-
ny.
§ 13. Section 263.11 of the penal law, as amended by chapter 456 of
the laws of 2012, is amended to read as follows:
§ 263.11 Possessing an obscene sexual performance by a child.
A person is guilty of possessing an obscene sexual performance by a
child when, knowing the character and content thereof, [he] SUCH PERSON
knowingly has in [his] SUCH PERSON'S possession or control, or knowingly
accesses with intent to view, any obscene performance which includes
sexual conduct by a child less than sixteen years of age, INCLUDING A
PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
Possessing an obscene sexual performance by a child is a class E felo-
ny.
§ 14. Section 263.15 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
§ 263.15 Promoting a sexual performance by a child.
A person is guilty of promoting a sexual performance by a child when,
knowing the character and content thereof, [he] SUCH PERSON produces,
directs or promotes any performance which includes sexual conduct by a
child less than seventeen years of age, INCLUDING A PERFORMANCE CREATED
OR ALTERED BY DIGITIZATION.
Promoting a sexual performance by a child is a class D felony.
§ 15. Section 263.16 of the penal law, as amended by chapter 456 of
the laws of 2012, is amended to read as follows:
§ 263.16 Possessing a sexual performance by a child.
A person is guilty of possessing a sexual performance by a child when,
knowing the character and content thereof, [he] SUCH PERSON knowingly
has in [his] SUCH PERSON'S possession or control, or knowingly accesses
with intent to view, any performance which includes sexual conduct by a
child less than sixteen years of age, INCLUDING A PERFORMANCE CREATED OR
ALTERED BY DIGITIZATION.
Possessing a sexual performance by a child is a class E felony.
§ 16. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART C
Section 1. Section 14-106 of the election law is amended by adding a
new subdivision 5 to read as follows:
5. (A) FOR PURPOSES OF THIS SUBDIVISION:
(I) "DIGITIZATION" MEANS USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL
INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS,
INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC
DEPICTION.
(II) "DECEPTIVE MEDIA" MEANS ANY VIDEO RECORDING, MOTION PICTURE,
FILM, AUDIO RECORDING, ELECTRONIC IMAGE, PHOTOGRAPH, TEXT, OR ANY TECH-
NOLOGICAL REPRESENTATION OF SPEECH OR CONDUCT FULLY OR PARTIALLY CREATED
OR MODIFIED THROUGH DIGITIZATION THAT:
(1) EXHIBITS A HIGH LEVEL OF AUTHENTICITY OR CONVINCING APPEARANCE
THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY; AND
(2) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
(B) (I) A PERSON, FIRM, ASSOCIATION, CORPORATION, CAMPAIGN, COMMITTEE,
OR ORGANIZATION THAT WITH THE INTENT TO UNDULY INFLUENCE THE OUTCOME OF
AN ELECTION OR DECEIVE A VOTER, KNOWINGLY DISTRIBUTES OR PUBLISHES WITH-
IN SIXTY DAYS OF AN ELECTION ANY POLITICAL COMMUNICATION THAT WAS
PRODUCED BY OR INCLUDES DIGITIZED DECEPTIVE MEDIA SHALL BE REQUIRED TO
DISCLOSE THE USE OF SUCH DIGITIZATION.
(II) (1) FOR VISUAL MEDIA THE DISCLOSURE SHALL BE PRINTED OR TYPED IN
AN APPROPRIATE LEGIBLE FONT SIZE CONSISTENT WITH OTHER TEXT APPEARING IN
THE VISUAL MEDIA AND IN THE SAME LANGUAGE USED ON THE COMMUNICATION TO
READ AS FOLLOWS: "THIS POLITICAL COMMUNICATION WAS CREATED WITH THE
ASSISTANCE OF DIGITIZATION".
(2) FOR COMMUNICATION THAT IS AUDITORY, SUCH AS RADIO OR AUTOMATED
TELEPHONE CALLS, CLEARLY SPEAKING THE STATEMENT AT THE BEGINNING OF THE
AUDIO IN THE SAME LANGUAGE USED IN THE COMMUNICATION SATISFIES THE
REQUIREMENTS OF CLAUSE ONE OF THIS SUBPARAGRAPH.
(III) THIS PARAGRAPH SHALL NOT APPLY TO THE FOLLOWING:
(1) DECEPTIVE MEDIA THAT CONSTITUTES SATIRE OR PARODY;
(2) DECEPTIVE MEDIA CREATED FOR THE PURPOSES OF NEWS REPORTING; OR
(3) INITIAL DISSEMINATION BY A PLATFORM OR SERVICE INCLUDING, BUT NOT
LIMITED TO, A WEBSITE, REGULARLY PUBLISHED NEWSPAPER, OR MAGAZINE.
(C)(I) A REGISTERED VOTER MAY SEEK INJUNCTIVE OR OTHER EQUITABLE
RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION, OR BROADCASTING OF ANY
DECEPTIVE MEDIA IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER THIS
PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR ORDER TO SHOW
CAUSE IN THE SUPREME COURT WHERE THE VOTER RESIDES.
(II) A CANDIDATE WHOSE VOICE OR LIKENESS APPEARS IN DECEPTIVE MEDIA IN
VIOLATION OF THIS SUBDIVISION MAY SEEK INJUNCTIVE RELIEF OR OTHER EQUI-
TABLE RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION OR BROADCASTING
OF ANY DECEPTIVE MEDIA IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER
THIS PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR AN ORDER
TO SHOW CAUSE IN THE SUPREME COURT WHERE THE DECEPTIVE MEDIA AT ISSUE
COULD DECEIVE AND INFLUENCE ELECTORS IN AN UPCOMING ELECTION.
(III) THIS PARAGRAPH SHALL NOT BE CONSTRUED TO LIMIT OR PRECLUDE A
PLAINTIFF FROM PURSUING OR RECOVERING ANY OTHER AVAILABLE REMEDY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.