New York Unlawful Dissemination of Intimate Images Created by Digitization (S1042A)
New York · N.Y. Penal Law 245.15; L. 2023, ch. 513 (S1042A)
New York made it a crime to share or post fake nude or sexual images of a person without their consent, even when the image was generated or altered by computer (a deepfake), as long as the person shown can be reasonably identified. This brought AI-made intimate images under the state's existing revenge-porn crime.
Technical detail
Chapter 513 of the Laws of 2023 amended N.Y. Penal Law 245.15 (unlawful dissemination or publication of an intimate image) so the offense covers still or video images created or altered by digitization that depict a reasonably identifiable person; the conduct remains a class A misdemeanor.
Who is protected: Identifiable individuals depicted in non-consensual intimate or sexually explicit images, including AI-generated or digitized deepfakes.
Who must comply: Any person who intentionally disseminates or publishes such images.
Key facts
| Jurisdiction | New York |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2023-11-28 |
| Enacted | 2023-09-29 |
| Citation | N.Y. Penal Law 245.15; L. 2023, ch. 513 (S1042A) |
| Enforced by | Local district attorneys and New York State criminal courts. |
| Private right of action | Yes — individuals can sue |
| Penalties | Class A misdemeanor under Penal Law 245.15, punishable by up to one year in jail and a fine of up to $1,000; victims may also pursue related civil remedies. |
| Topics | non-consensual intimate imagery · AI-generated images · deepfakes |
| Last verified | 2026-06-16 |
| Official source | NY State Senate Bill 2023-S1042A ↗ |
More AI rules in New York
- NYDFS CL 7 (2024) — Insurance AI Anti-Discrimination · In effect
- NY Hochul EO — Statewide Data Center Moratorium (2026) · In effect
- NY Responsible Data Center Development Act (passed, awaiting Governor) · Proposed / pending
- New York Deepfake Harassment and NCII Civil Action Act · Proposed / pending
- New York Deepfake Harassment and NCII Civil Action Act (Assembly) · Proposed / pending
- NY AI Professional Impersonation Liability Bill · Proposed / pending
Related non-consensual intimate imagery rules elsewhere
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- VA HB 2678 (2019, first deepfake-NCII criminal law) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
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