Closing A Revenge-Porn Loophole in New York's Laws

It seemed like a classic case of revenge porn.

The victim, a Rockland County woman, went to the police after an image was posted on the Internet of her and another person in sexual contact.

But: None of her “intimate” body parts were visible in the photo. So it didn’t meet New York’s legal standard for unlawful surveillance, and Rockland authorities couldn’t prosecute.

Now new legislation that will ensure people who have had their image broadcasted without their consent will have a course of action under the law has passed both houses of the New York state Legislature.

It’s a direct result of the Clarkstown victim’s plight, said State Sen. David Carlucci (D-Rockland-Westchester), who called on Gov. Andrew Cuomo to sign the bill.

With Carlucci were Rockland County District Attorney Thomas Zugibe, Police Chief Sullivan of the Clarkstown Police Department, and representatives from VCS INC. and the Center for Safety and Change.

Carlucci was aiming at a loophole in New York state’s unlawful surveillance laws.

But the impetus is the rapid growth of revenge porn, the practice of sharing sexually explicit photos or videos online without the individual’s consent.

These postings are typically made by ex-partners or hackers in an attempt to humiliate or harass the individual. Posts often include personal details and links to social media profiles. Some websites also charge a fee to have the materials removed.

The bill expands New York penal law to provide that a person can be charged with unlawful surveillance in the second degree if an individual, for his or her own, or another individual’s amusement, entertainment, profit, sexual arousal or gratification, or for the purpose of degrading or abusing a person, uses a device to view, broadcast or record another person in an identifiable manner:

Unlawful surveillance in the second degree is a class E felony.

New York joins a lengthening list of states to take action on revenge-porn sexual cyperbullying.

As of June 2014, nine states: Arizona, Colorado, Georgia, Hawaii, Idaho, Maryland, Utah, Virginia and Wisconsin, had enacted revenge porn laws. California enacted legislation in 2013, the National Conference of State Legislators reported.

In June, New York lawmakers were considering 10 different bills on the subject, according to the NCSL’s overview.

Patch editors Eleanor Stanford and Jason Spencer contributed to this report.