Your Legal Rights as an NCII Victim in New York

New York NCII Law Overview

Applicable statute: New York Civil Rights Law § 52-b and Penal Law § 245.15

Criminal penalty: Class A misdemeanor under Penal Law § 245.15, punishable by up to 1 year imprisonment

Civil remedies: actual damages, liquidated damages up to $10,000 per defendant per violation, attorney fees under Civil Rights Law § 52-b

New York's dual legislative framework, Criminal Penal Law § 245.15 and Civil Rights Law § 52-b, provides victims with both criminal accountability and civil damages options. The civil law is particularly notable for its liquidated damages provision, which allows courts to award up to $10,000 per defendant per violation without requiring victims to prove specific financial losses. This makes civil action more accessible for victims who may have difficulty quantifying their economic harm.

New York law also requires platforms to remove intimate images upon receiving a compliant notice. The New York framework operates in tandem with the federal TAKE IT DOWN Act, providing layered protections. For victims in New York City, the NYPD has a dedicated Special Victims Division that handles NCII cases, and prosecutors in the five boroughs have experience with these matters.

New York enacted additional protections in 2022 and 2023 expanding NCII coverage to include deepfake content and AI-generated images. The 2022 amendments to § 52-b extended the civil right of action to synthetically created intimate content.

Your Rights in New York

• Right to 48-hour removal under the TAKE IT DOWN Act
• Right to file a criminal complaint under Penal Law § 245.15
• Right to civil liquidated damages up to $10,000 per violation under Civil Rights Law § 52-b
• Right to attorney fees in successful civil actions
• Right to obtain a restraining order prohibiting further distribution

How to File in New York

File a police report with the NYPD's Special Victims Division or local county sheriff. The New York Attorney General accepts NCII complaints. For civil claims, file in the New York Supreme Court in the appropriate county.

Local Support Resources

• Crime Victims Treatment Center, cvtcnyc.org
• Safe Horizon, safehorizon.org
• New York City Alliance Against Sexual Assault, svfreenyc.org
• RAINN National Hotline, 1-800-656-HOPE

Federal Rights Under the TAKE IT DOWN Act

In addition to New York state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.