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Unlawful Disclosure of an Intimate Image: NYC AC 10-180 Statutory Defenses

Throughout the New York Penal Law as well as the New York City Administrative Code, there are numerous statutory defenses provided to a defendant as a matter of law. These defenses are not automatic, but provide for recourse in the event that an accused person’s conduct falls within the terms of those that are legally recognized. Unlawful Disclosure of an Intimate Image, New York City Administrative Code 10-180, is crime that has these statutory defenses. In the applicable scenario, exploring theses statutory defense may be something to discuss with your attorney as the basis of your response to an arrest or civil lawsuit alleging a violation of NYC Admin. Code 10-180.

Unlawful Disclosure of an Intimate Image: General Defenses to NYC AC 10-180

Before addressing the statutory defenses to Unlawful Disclosure of an Intimate Image, if you are prosecuted by a New York City District Attorney, such as the Queens, Brooklyn and Manhattan District Attorney, your criminal lawyer may have some fruitful and viable defenses to your arrest and prosecution in Criminal Court. For example, how is it that the District Attorney links you to a particular intimate image that was shared? Can the NYPD trace IP addresses, emails and logins to a network back to you? Could anyone else have had access to the image or recording in question? Even if it is clear that you disseminated the video or threatened to do the same, is it obvious and clear that the person depicted in the reproduced intimate image is the man or woman claiming to be a victim of NYC Admin. Code 10-180? With the potential for a wealth of defenses from the legal foundation of search warrants and statements you may have allegedly made to NYPD detectives to how the District Attorney is going to prove your intent beyond a reasonable doubt and whether you had permission to share certain intimate imagery, you would be foolish not to protect yourself as soon as possible with the assistance of a criminal lawyer familiar with Unlawful Disclosure of an Intimate Image. Whether you are facing charges in a criminal court proceeding, a civil action or both, identifying the best defense as early in the process as possible increases your likelihood of success.

Unlawful Disclosure of an Intimate Image: Statutory Defenses to NYC AC 10-180

NYC Administrative Code 10-180(e) provides for limited, but powerful defenses to either a civil or criminal action alleging a violation of Unlawful Disclosure of an Intimate Image in New York City’s five boroughs.

If you share or threaten to disclose the intimate image, but do so in the course of reporting any activity that is unlawful, then it is a defense to this crime as long as the dissemination is in the furtherance of a legal proceeding or by law enforcement personnel as part of their authorized responsibilities. Additionally, if you disclose the intimate imagery and you are a provider of a interactive computer service in conjunction with certain applicable federal laws, the statute provides for a legal defense. Lastly, if your distribution of the intimate images is part of or has a nexus to a legitimate public concern or is covered by rights protected by the first amendment of the United States constitution, you again have a viable defense codified in the law.

Ultimately, the defense you employ is not hypothetical, but the real one you and your legal counsel determine is best suited to challenge an allegation, arrest, or civil action for violating NYC Administrative Code 10-180, Unlawful Disclosure of an Intimate Image. What defense is the best and how you implement it is a direct product of how long you take to identify the most skilled and knowledge advocate to protect your rights and minimize your exposure. Make no mistake. The New York City law firm, Saland Law, is both ready and capable, day or night, to bring the full force of the experience as criminal lawyers, NYC Revenge Porn attorneys, skilled trial counsel and former prosecutors to bear on your behalf.

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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