‘Revenge porn’ criminalized in state of New York

Assemblymember Ed Braunstein sponsored the bill criminalizing revenge porn. Cuomo signed the bill into law Tuesday. Photo via Braunstein’s office.

By Phineas Rueckert 

New York became the fourth-to-last state in the U.S. to ban “revenge porn” Tuesday, after Gov. Andrew Cuomo signed a measure initially sponsored by Queens Assemblymember Edward Braunstein. 

Revenge porn is defined as the nonconsensual publication of an “intimate image” that was intended to remain private with the aim of causing “harm to the emotional, financial, or physical welfare of another person,” according to the new law. It is now a criminal act. 

Lawmakers hailed the bill as a win for victims of abuse. 

"Our laws have not kept pace with technology and how abusers can use it to harass, intimidate and humiliate intimate partners," Cuomo said in a statement. "By criminalizing the publication of revenge porn, we are empowering victims of this heinous act to take action against their abusers and showing them a path to justice." 

“This new law will make it a Class A misdemeanor to disseminate revenge porn, providing prosecutors with the tools necessary to punish those who engage in this type of reprehensible behavior,” Braunstein said. “Additionally, New York will become the first state in the nation to allow victims to seek a court ordered injunction to require websites to remove the offending images.” 

As Newsday has reported, the bill — which passed the State Assembly in February — had been held up by communications companies who worried they would be held liable for photos published online.  

In New York City, publishing ‘revenge porn’ has been a criminal offense for nearly two years. Councilmember Rory Lancman introduced the bill to criminalize revenge porn, which unanimously passed the City Council in November 2017. 

“With passage of this landmark legislation, New York City finally calls revenge porn exactly what it is: a crime,” Lancman said at the time.