Assemblywoman Amy Paulin’s Bill Closes a Loophole in Law Regarding Private Photos

Scarsdale – Assemblywoman Amy Paulin (D-88) is pleased to announce that A2053C/S1982C, legislation she authored during the recently completed legislative session, was signed into law by Governor Andrew Cuomo on Friday.

The bill will close a legal loophole, ensuring that individuals who broadcast images of another person engaged in sexual conduct without their consent can be prosecuted. The current law requires that a person’s sexual parts are visible in the image. Under the new law, a person can be charged with unlawful surveillance in the second degree if they use a device to view, broadcast or record a person engaged in sexual conduct without their consent- whether or not their sexual parts are visible.

“A person’s right to privacy is paramount,” Paulin said. “If a person is involved in a private moment or situation, he or she has the right to expect that that moment will remain private and not be broadcast over the internet or via any other medium.”

This legislation was the result of a situation involving a Rockland County woman who went to the Clarkstown police after her image had been posted on the internet without her consent. While the image showed her engaged in a sexual act with another person her sexual parts were not visible in the picture, therefore the Clarkstown police had no recourse and could not press charges.

David Carlucci, who represents Clarkstown, sponsored the bill in the Senate.