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Queens lawmaker’s bill to criminalize ‘revenge porn’ passes NYC Council

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Revenge porn will soon be outlawed in New York City.

The City Council voted unanimously on Nov. 16 to approve Queens Councilman Rory Lancman’s bill aimed at stopping the practice of spreading X-rated content of an individual without their consent online. If Mayor Bill de Blasio signs the bill into law, disclosing or threatening to disclose intimate and explicit images of another person without their consent and with the intent to cause harm would become a misdemeanor offense in New York City.

“Revenge porn” is a form of sexual assault in the modern age that perpetrators use to humiliate or embarrass victims. A total of 38 states plus the District of Columbia currently have laws specifically to combat the offense, according to the Cyber Civil Rights Initiative. Neither New York state nor New York City currently have any laws on the books, according to Lancman.

The offense would be punishable by up to one year in jail, a $1,000 fine or both. In addition to creating a criminal penalty, the bill also creates a civil cause of action for victims, which would granted them the opportunity to seek compensatory and punitive damages and injuctive relief.

A 2016 study by the Data & Society Research Institute found that one in 25 Americans has been a victim of threats or posts of nearly nude or nude images and young adults are more likely than older adults to have had someone post an explicit photo without their permission.

The study also found that men and women are “equally likely” to have sensitive photos posted.

Lancman’s bill is modeled after a state bill introduced by Bayside-based Assemblyman Edward Braunstein. The Hillcrest-based councilman announced the piece of legislation alongside Manhattan Councilman Dan Garodnick, victim advocates and a revenge porn victim at a press conference in April.

“Criminalizing revenge porn will ensure New Yorkers are protected and those who take part in this despicable conduct will face serious consequences,” Lancman said. “I commend the victim advocates, law enforcement personnel and revenge porn survivors who raised their voices to make this day a reality.”

“With a click of a mouse, careers are put in jeopardy, relationships are damaged, and online harassment becomes a daily battle — all because of revenge porn,” Garodnick said. “Today we send a message to bullies and domestic abusers that this vile behavior is unacceptable — and now criminal — in New York City.”

Queens Council members who co-sponsored the bill included Donovan Richards, Elizabeth Crowley and Daniel Dromm.