New York S1042A (bans sharing deepfake intimate images)
New York Unlawful Dissemination of Intimate Images Created by Digitization (S1042A)
New York · N.Y. Penal Law 245.15; L. 2023, ch. 513 (S1042A)
- Status
- In effect
- Took effect
- November 28, 2023
- Applies to
- Any person who intentionally disseminates or publishes such images.
- Enforced by
- Local district attorneys and New York State criminal courts.
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.
Who is protected: Identifiable individuals depicted in non-consensual intimate or sexually explicit images, including AI-generated or digitized deepfakes.
Legal 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.
Key facts
| Jurisdiction | New York |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | September 29, 2023 |
| Citation | N.Y. Penal Law 245.15; L. 2023, ch. 513 (S1042A) |
| Private right of action | No, agency enforcement only |
| Penalties | Class A misdemeanor under Penal Law 245.15. |
| Topics | non-consensual intimate imagery · AI-generated images · deepfakes |
| Bill text | 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
- New York Stealth Crawler Prohibition Act (2026) · Proposed / pending
- New York SAFE for Kids Act final rules (2026) · Enacted (not yet in effect)
- RealPage v. James — NY algorithmic rent ban enjoined (2026) · Blocked / in litigation
- NY PSC utility AI inquiry (Case 26-M-0552) · Enacted (not yet in effect)
Related non-consensual intimate imagery rules elsewhere
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Illinois HB 3851 — deepfake cyberbullying in schools (2026) · In effect
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
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