Unlawful Disclosure of an Intimate Image: NYC AC 10-177*3 Statutory Definitions

Criminal lawyers representing both defendants and victims of New York City Administrative Code 10-177*3, Unlawful Disclosure of an Intimate Image, often wear many proverbial hats no matter what side of the law their clients find themselves. For example, you might find out that an image of your breasts was forward to co-workers in a Revenge Porn scenario or, a video of you have sex with a former fling, spouse, lover or affair is being used as means to Sextort a sum of money from you. Alternatively, while you may face additional criminal charges or not, a detective with the NYPD is seeking your surrender so he or she can arrest you for violating NYC Admin. Code 10-177*3 because of threats to expose intimate images to colleagues or the public. Again, whether you seek counsel to build a criminal case, to draft a cease and desist letter or nondisclosure agreement, commence a civil lawsuit, or to represent you in a New York City Criminal Court proceeding, before you can best protect yourself it is critical to understand what does and does not violate the criminal law establishing Unlawful Disclosure of an Intimate Image.

NY AC 10-177*3: Legal Terms and Statutorily Defined Words

To run afoul of the law and expose yourself to both criminal and civil sanctions, or to enforce the same to compensate you for your damages and best ensure your abuser ceases his or her conduct, you must first know what New York City Administrative Code 10-177*3 covers, the jurisdiction of the statute and the legally defined terms that are the foundation of Unlawful Disclosure of an Intimate Image mean.

Briefly, and described in greater detail in the section dedicated to the crime of NY AC 10-177*3, you are guilty of Unlawful Disclosure of an Intimate Image, the equivalent of a class “A” misdemeanor, if you disclose an image of an intimate nature that reflects the person contained therein or makes his or her identification ascertainable. Moreover, your threat to do so or actual commission of this crime must also involve an intent to cause economic harm, physical damage or substantial emotional injury. All of this aside, a central element of this crime is that you did not have the consent of the depicted or recorded person.

While the above appears relatively easy to follow, what it all means and how the administrative code is applied hinges on the definitions of words and terms set forth in the statute.

Consent A word that we all likely associate with permission or authority, AC 10-177*3 defines “consent” as it relates specifically to the disclosure, not the initial securing of the image or recordings. Therefore, consent may be given at “time one,” when the you made a video, but if the person recorded did not knowingly, intelligently and voluntarily permit the specific disclosure, then he or she did not provide legal consent when it is shared at “time two.”

Covered Recipient The term “covered recipient” means any person, no matter who they are or their personal relationship with the depicted person, who possesses, or has access to, the intimate image or images in whatever form they are stored or reside.

Depicted Individual A “depicted individual” is just what it proports to be. That is, the man or woman reflected in the photograph, film, videotape, recording or any other reproduction of an image. The additional component is that the person depicted must have his or her intimate body parts exposed whether in an insignificant or completely full amount. Even if the depicted person is not exposed, such a person would be deemed a “depicted person” if he or she was with a second person whose intimate body parts are exposed. A caveat is that the image must reflect actual sexual intimacy between the parties or be a recording of the them before or after the same.

Disclose “Disclose” means to circulate and share, aka, disseminate, as defined in NY Penal Law 250.40(5) or publish defined in NY Penal Law 250.40(6).

Intimate body parts. What you may consider an “intimate body part” may not be the same as what another person considers such a part of their body. To clarify this, the law codifies the genitals, pubic area or anus of any person, or the female nipple or areola of a person who is 11 years old or older, as “intimate body parts.”

Intimate image. Any reproduction of an image, from a photograph and videotape to a film or streaming movie, can form the basis of an “intimate image.” To satisfy the intimate element, this image must also be disclosed or threatened to be shared with others whom the depicted individual had no intent to provide the same at the time at which the covered recipient gained possession of, or access to, the intimate photograph, reproduction, video, etc.

Keep in mind that an “intimate image” is generally not inclusive of those taken in a public place as defined in NY Penal Law 240. An exception to this rule is that if, when the image was made, a similarly situated depicted individual would have reasonably believed other than the covered recipient, no other person could see his or her intimate body parts or sexual activity while the respective body parts were exposed or during the occurrence of the sexual intimacy.

Sexual activity “Sexual activity” is defined just as what you might expect it to mean. Although further elaborated in New York Penal Law 130.00(1) and (2), “sexual intercourse” also includes oral sexual conduct and anal sexual conduct as well as the touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire, sexual penetration with any object or the transmission or appearance of semen upon any part of the depicted individual’s body

With all of this in mind, do not lose sight of the fact that Unlawful Disclosure of an Intimate Image is a crime solely in the City of New York – Manhattan, Queens, Brooklyn, Bronx, and Staten Island. As such, if you are the victim or target of NYC Admin. Code 10-177*3, seek to sue your victimizer in civil court, want a cease and desist and non-disclosure agreement, would like to see your abuser prosecuted by a District Attorney for violating Unlawful Disclosure of an Intimate Image, or you are a defendant accused of this crime in any borough of New York City, the New Yok Unlawful Disclosure attorneys and former Manhattan prosecutors at Crotty Saland PC have the experience and knowledge to identify and implement the best strategy no matter what side of the law you find yourself.

Call the New York criminal lawyers and former Manhattan Assistant District Attorneys at (212) 312-7129 or contact us online today.

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