Unlawful Disclosure of an Intimate Image: NYC Admin. Code 10-177*3

Revenge Porn lawyers know that the scourge of the internet, and means by which many an ex-boyfriend, girlfriend, spouse, partner or affair has wreaked havoc upon his or her victim, is the ease of and regularity by which naked, intimate, sexual and other images are shared and distributed without the permission of the recorded person. Simply, it does not take a criminal defense attorney or cybercrime victim advocate to explain that Revenge Porn, Sextortion, and the simple dissemination of private, sexual and intimate images is as humiliating as it is emotionally, personally, and professionally devastating. Whether you willingly allowed your ex-boyfriend to film you during a passionate encounter or a former partner secretly snapped a picture without your knowledge while you slept naked, there can be no misgivings. Never in the moment or anytime thereafter did you give anyone permission to share your intimate images with a broad audience including family, friends, employers, colleagues or the worldwide web.

Now, with the passage of Unlawful Disclosure of an Intimate Image by the New York City Council, should an abuser, extorter, coercer, profiteer or merely some jealous, spiteful and angry ex-lover unlawfully disclose an intimate image without the authority of the person reflected, NYC Administrative Code 10-177*3 makes it a misdemeanor criminal offense. With a potential punishment allowing for one year on Rikers Island, do not forget that ignorance of this law is no defense. Unlawful Disclosure of an Intimate Image not only protects victims from exploitation and abuse by criminalizing the sharing of their intimate images in any New York City borough - Brooklyn, Queens, Manhattan, Bronx and Staten Island - but NYC Admin. Code 10-177*3 also provides a civil remedy punish an alleged tormentor in their wallets and bank accounts too.

Unlawful Disclosure of an Intimate Image: The Elements of NYC Admin. Code 10-177*3

Before taking a deep dive into Unlawful Disclosure of an Intimate Image, understand that whether a misdemeanor violates the New York Penal Law or the New York City Administrative Code is of no consequence. All misdemeanors, no matter their legal foundation, are enduring and permanent. If convicted of NYC Administrative Code 10-177*3, you will answer to your finding of guilt each and every day of your life from your current and future employment to your professional licensure and legal residential status in the United States. Again, other than from a jurisdictional perspective whereby only District Attorneys in NYC can prosecute Unlawful Disclosure of an Intimate Image, this offense is no less criminal than any other misdemeanor offense.

Putting aside any misconceptions about NYC’s Administrative Code and whether it is equivalent for law enforcement purposes to the New York Penal Law, what is NYC Administrative Code 10-177*3 and how does one run afoul of this law? At its base level, and mentioned above, NYC AC 10-177*3, Unlawful Disclosure of an Intimate Image, is New York City’s “Revenge Porn” and “Sextortion” statute with some caveats and twists. Simply, if you divulge, release, share, or transfer an intimate image of another person without said person’s consent you are potentially are guilty of a crime. If you accidently upload an image from your iPhone to Instagram, Facebook or some other form of social media or inadvertently download a video on your computer to an email, you have not in and of itself committed a criminal act exposing yourself to both misdemeanor and civil penalties. Instead, AC 10-177*3(b)(1) mandates that it is your objective to cause financial, physical or “substantial emotional harm” to the person whose image you released. Additionally, the recording, video, or any image – still or otherwise – must depict the subject of that image in such a way as to make him or her recognizable. You can satisfy this identifiable element of Unlawful Disclosure of an Intimate Image through the picture itself or through the circumstance under which the same is presented and shared.

Beyond the actual disclosure of the intimate image, it is no less criminal if you threaten your subject or target with Disclosure of an Intimate Image. Codified in New York City Administrative Code 10-177*3(b)(2), if your arrest or the civil suit against you alleges a mere threat, the law only requires that you imply that the person contained in the video is identifiable and the recipient.

Again, a non-expungable criminal offense with the same effect and force of a New York Penal Law conviction, whether you commit this offense in Manhattan or Queens, Brooklyn or the Bronx, a New York City Criminal Court Judge can send you to Rikers Island for up to one year as well as fine you as much as $1,000.00. This fine, imposed through the criminal justice system, does not include potential civil liability for emotional distress and other potential damages.

Whether you are the victim of Unlawful Disclosure of an Intimate Image or you are investigated or arrested for NYC Admin. Code 10-177*3, know that you have rights to protect yourself both now an in the future. Is there a way to prevent further dissemination of the intimate image, recording or video? Can you limit your exposure to direct and collateral consequences of the crime whether you are accused or the target of the Revenge Porn, Sextortion or other harassment? Whatever the circumstances and the factors involved in your actual or potential case, there is never a substitute for knowledge and experienced counsel. As frightened as you may be, know that the criminal lawyers and former Manhattan prosecutors at Crotty Saland PC are ready, capable and available, day or night, to advocate on your behalf and implement the best strategy whether you are accused or a victim of Unlawful Disclosure of an Intimate image in New York City.

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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