New York Criminal Lawyer Blog
Whether you reside in New York City, the Hudson Valley or any municipality from Manhattan to Buffalo, Rochester to White Plains, or Syracuse to Albany, you are not immune from predation by would be extorters, coercers, blackmailers, stalkers and harassers. While the New York Penal Law covers these criminal acts as both felonies and misdemeanors, as of the time of this blog entry there is no New York statewide statute covering what is often referred to as “Revenge Porn.” Fortunately, however, thanks to New York City Administrative Code 10-180, Unlawful Disclosure of an Intimate Image, there is recourse for victims of “Revenge Porn” crimes in New York City. In fact, not only can the person sharing your intimate and sexual images without your consent find him or herself charged with a misdemeanor crime (can you say “hello” Rikers Island?), but NYC Admin. Code 10-180 (10-177*3) also provides for civil remedies such as those involving punitive damages, compensatory damages, attorneys fees and injunctive relief so that your harasser ceases sharing and distributing your naked, sexual or intimate images.
To be clear, consenting to the original photography or videotaping does not mean the person exposing you is free from liability because he or she legally had access to or possession of the imagery days, weeks or even years before. What is relevant, however, is whether your harasser is trying to cause you physical, economic or emotional injuries when he or she either threatened to expose your private and embarrassing movies or when the exploitation occurred. For example, you may have willingly permitted your partner to record a video of you and him or her engaged in sexual acts or you voluntarily took selfies of yourself in intimate situations capturing your breasts, vagina, penis, nipples, or other “private parts.” However, since filming, streaming, recording, or taking these images, things have gone south in your relationship. Instead of dealing with whatever issue damaged or terminated the relationship, your ex, former fiancé, long time affair, or even your spouse now is threatening to disclose and disseminate these images to friends, family, and business associates as well as to publish them online through adult websites, social media and in mass emails. Yes, you agreed to make or share the images, but agree to let yourself be victimized and terrorized by the distribution of these recordings at a later date you did not.
Whether you are a victim or accused of Unlawful Disclosure of an Intimate Image, irrespective of whether it qualifies or is deemed “Revenge Porn,” it is imperative to recognize there are many factors beyond those briefly addressed in this blog. That said, victims in Manhattan, Brooklyn, Queens, Bronx and Staten Island should know they now have recourse through the criminal justice system, outside the prying eyes of law enforcement and through New York City’s civil courts. From cease and desists letters and non-disclosure agreements and punishing your abuser’s bank account to pay for your damages and turning over your evidence to a District Attorney, you have an abundance of legal options, none of which are hoping and preying your victimization will eventually end. Accused of NYC AC 10-180 or a victim of the same, take the initiative or deal with the consequences before they eventually find their way back home in devastating fashion.
To learn more about Unlawful Disclosure of an Intimate Image, its statutory definitions, civil causes of action and codified defenses, review the links contained in this entry.
Saland Law PC is a criminal firm representing clients as defendants and complainants in Revenge Porn and related Stalking, Harassment, Extortion, Blackmail crimes. The NYC Revenge Porn lawyers at Saland Law PC served as prosecutors in the Manhattan District Attorney’s Office prior to starting the law firm.