Revenge Porn Laws in New York: What Victims Need to Know in 2026
New York strengthened its revenge porn protections significantly in recent years, giving victims both criminal and civil pathways to justice. Here is what you need to know about the law and your options in New York.
What New York Law Says
New York Penal Law Section 245.15, enacted in 2019, makes the unlawful dissemination or publication of an intimate image a Class A misdemeanor. Penalties include up to one year in jail, up to three years of probation, and a fine of up to $1,000. In addition, New York Civil Rights Law Sections 52-b and 52-c, enacted the same year, provide a private right of action for victims. Under the civil law, victims can seek compensatory and punitive damages, injunctive relief, and reasonable attorney fees. Courts can also order the removal or deletion of the images. New York's civil law does not require a criminal conviction as a prerequisite for filing a civil suit, allowing victims to pursue both tracks simultaneously.
What Counts as Revenge Porn in New York
Under New York law, an intimate image is defined as a photograph, film, videotape, or digital recording that depicts an identifiable person engaging in sexual conduct or showing intimate parts under circumstances where the person had a reasonable expectation of privacy. The offense requires that the person who disseminated the image did so with intent to cause harm to the depicted person's emotional, financial, or physical welfare. The depicted person must not have consented to the dissemination. Images taken in public where there was no expectation of privacy, or images the subject voluntarily distributed, typically fall outside the statute's scope.
How to Report
If you are a victim in New York, act immediately. Document all instances of the images online with detailed screenshots, noting URLs, platform names, and timestamps. File a police report with the NYPD or your local police department, citing Penal Law Section 245.15. Contact the District Attorney's office in the county where the offense occurred to discuss criminal charges. Simultaneously, consult with a civil rights or internet privacy attorney about filing a civil suit under Civil Rights Law Section 52-b. When filing your police report, bring all preserved evidence, including any communications from the perpetrator that demonstrate intent to harm.
Limitations of Criminal Law
New York's revenge porn statute is relatively new, and case law is still developing. The intent-to-harm requirement can be a hurdle for prosecutors, particularly in cases where the perpetrator claims the distribution was accidental or done for other purposes. Class A misdemeanor penalties, while meaningful, may not fully deter some offenders. Jurisdictional challenges are common when perpetrators operate from out of state or when content is hosted on international servers. Criminal proceedings can last months or longer, and no criminal penalty forces platforms to remove content. The images may spread significantly during the prosecution timeline.
Removing the Content
Pursuing justice through the courts is important, but removing the images from the internet requires separate, proactive effort. The TAKE IT DOWN Act mandates that platforms honor NCII removal requests within 48 hours. StopNCII.org offers a hashing tool that creates digital fingerprints of your images, enabling participating platforms to block re-uploads automatically. For victims facing content across multiple platforms or on sites that are slow to respond, IntimaShield provides professional takedown services. IntimaShield sends DMCA notices, contacts hosting providers directly, and escalates to payment processors and search engines when platforms fail to act. New York's civil court orders for removal can also be leveraged alongside these services, creating multiple pressure points to ensure content comes down quickly.