S 1822 New York Senate · 2025 Regular Session

Prohibits speech-based defenses to actions brought against an individual for the unlawful dissemination or publication of an intimate image

This bill prohibits using free speech as a defense in legal cases involving the unauthorized sharing of intimate images. It directly affects individuals who unlawfully post or distribute private images without consent, whether in criminal cases under the Penal Law or civil cases under the Civil Rights Law. The key mechanism adds new sections to both laws, explicitly stating that free speech protections cannot be raised to defend such actions. The bill removes a potential legal argument for offenders, making it clearer that sharing intimate images without permission is punishable regardless of speech claims.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2025 Last action May 22, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S1822 S1822A · 3 edits
MINOR
The bill was amended to add specific legal exceptions to the ban on using free speech as a defense for sharing intimate images. Previously, the law broadly prohibited this defense; now, it allows the defense if the defendant can prove they did not know and should not have known the person expected privacy. This change balances the protection of victims with First Amendment concerns regarding accidental or unknowing sharing.
Scope change
The scope of the law was narrowed by introducing a 'knowledge' requirement for the defense, meaning the law no longer applies to cases where the defendant was unaware of the privacy expectations.
REQUIREMENT

Added a requirement for the prosecution to prove beyond a reasonable doubt that the defendant knew or should have known the image subject expected privacy at the time of dissemination.

Added a requirement for the plaintiff to prove by a preponderance of the evidence that the defendant knew or should have known the image subject expected privacy in civil cases.

ENFORCEMENT

Changed the bill's procedural status from being committed to a committee to being discharged, amended, and recommitted to the same committee.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Amendments
2
May 22, 2026
Upper · Passed
PRINT NUMBER 1822A
upper
May 22, 2026
Upper · Passed
AMEND AND RECOMMIT TO CODES
upper
Jan 7, 2026
Committee
REFERRED TO CODES
upper
Jan 14, 2025
Committee
REFERRED TO CODES
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
NF
Nathalia Fernández
DDemocratic
NY
34