Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination of publication of an intimate image
This bill prohibits defendants from using "free speech" as a defense in criminal or civil cases involving the non-consensual sharing of intimate images. It amends New York's Penal Law and Civil Rights Law to explicitly state that such dissemination cannot be justified by claims of protected speech. The law directly affects individuals who share intimate images without consent and the victims seeking legal recourse. Key provisions remove a legal loophole that previously allowed defendants to argue First Amendment protections in these cases. The bill takes effect immediately upon enactment.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2025
Last action May 26, 2026
Maddy AI version diff · 1 comparison
What changed between versions
A318
→
A318A
·
3 edits
MINOR
The bill now requires proof that the person sharing the image knew or should have known the subject expected privacy and did not consent before free speech can be used as a defense. This change ensures that sharing intimate images without permission is not protected by free speech rights, closing a loophole where defendants previously argued their actions were legal speech.
Scope change
The bill's scope was expanded to include specific conditions regarding the defendant's knowledge and the subject's expectation of privacy, applying to both criminal and civil cases.
REQUIREMENT
Added a requirement for criminal cases that the prosecution must prove the defendant knew or should have known the subject had a reasonable expectation of privacy and did not consent.
Added a requirement for civil cases that the plaintiff must prove by a preponderance of evidence that the defendant knew or should have known the subject had a reasonable expectation of privacy and did not consent.
DEFINITION
Removed the absolute statement that free speech is never a defense, replacing it with a conditional defense that only applies if the specific knowledge and consent elements are not met.
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
5
Key actions
1
Committee
2
Amendments
1
May 26, 2026
Lower · Passed
AMENDED ON THIRD READING 318A
lower
Jan 7, 2026
Committee
REFERRED TO CODES
lower
Jan 8, 2025
Committee
REFERRED TO CODES
lower
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Catalina Cruz
DDemocratic
Co
David Weprin
DDemocratic
Co
John Zaccaro
DDemocratic
Co
Larinda Hooks
DDemocratic/Working Families
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