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 364 days in jail, up to three years of probation, and a fine of up to $1,000. In addition, New York Civil Rights Law Section 52-b, also enacted in 2019, provides a private right of action for victims. Section 52-c, added in 2020, covers sexually explicit depictions created digitally. 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 a still or video image, including one created or altered by digitization (added in 2023), 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 person who disseminated it must have known or reasonably should have known that the depicted person did not consent. Images from voluntary exposure in a public or commercial setting 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

Content removal and a criminal or civil case address different parts of the problem. The TAKE IT DOWN Act requires covered platforms to remove qualifying intimate imagery and make reasonable efforts to remove known identical copies within 48 hours of a valid request. The platform and request must meet the law's requirements. See FTC guidance; this is not a universal service turnaround guarantee. Eligible adults can use StopNCII themselves for participating-platform matching. For managed help with known links, review your removal scope.