Proposal would make individuals convicted of revenge porn, sextortion register as a sex offender

ALBANY, N.Y. (NEWS10) – New York Governor Andrew Cuomo announced a plan to outlaw “sextortion” and non-consensual pornography, often known as “revenge porn.”

The proposal is part of Governor Andrew Cuomo’s State of the State address.

Under the proposed measures, a conviction for any of these serious offenses will require registration as a sex offender and sentences will range from one to three years for a misdemeanor and up to 15 years for a felony.

“The dangerous proliferation of sextortion and revenge crimes disproportionately targets young women and girls and causes harm and embarrassment that can follow victims their entire lives,” Gov. Cuomo said. “This new legislation outlaws this horrific, exploitive practice once and for all in New York and will help provide New Yorkers with peace of mind both on- and offline.”

To end this disturbing pattern of sexual exploitation, Governor Cuomo proposes a two-pronged approach that would criminalize:

  • Disclosing or threatening to disclose sexually compromising images or videos with the intent to cause material harm to the victim’s mental or emotional health or to compel the victim to undertake some act; and
  • Compelling a person to expose him or herself or engage in sexual conduct by threatening to harm the victim’s health, safety, business, career, financial condition, reputation or personal relationships.

These new measures advance two different laws that create four crimes in total:

  1. Unlawful Publication of Sexual Images: With intent to cause material harm to mental or emotional health, a person (1) disseminates images of intimate sexual nature; or (2) compels another to engage in conduct by threatening to disseminate images of an intimate sexual nature. This will be a class A misdemeanor; punishable by up to one year in jail or three years of probation.
  2.  Sexual Extortion in the 3rd Degree: A person compels or induces another person to expose his or her sexual or intimate parts or engage in sexual conduct by instilling a fear in him or her that, if the demand is not complied with, the actor will perform an act intended to harm the person, or another person, with respect to his or her health, safety, business, career, financial condition, reputation or personal relationships. This will be a class E Felony; punishable by up to four years in prison.
  3. Sexual Extortion in the 2nd Degree: Same as above but the victim is under 17-years-old.  This will be a class D Felony; punishable by up to seven years in prison.
  4. Sexual Extortion in the 1st Degree: Same as above but the victim is under 15-years-old.  This will be a class C Felony; punishable by up to fifteen years in prison.

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