Law / United States / 
New York
Private right of action for unlawful dissemination or publication of a sexually explicit depiction (digital replica)
In force since .
An AI prohibited practices rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Consent, Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not disclose, disseminate or publish sexually explicit material depicting an identifiable person that was created or altered through digitization, including by artificial intelligence or machine learning, unless that person consented in the manner this section requires.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
Who enforces it
Enforcement body
A depicted individual, by a civil action under section 52-c.
Settledness
- As of
- Open questions
- Does "knows or reasonably should have known" in section 52-c(2)(a) require a platform that hosts user-posted material to inquire into the depicted individual's consent?
- Does "realistically depict" in section 52-c(1)(b) reach a stylized or cartoon rendering that still shows an identifiable depicted individual?
- Does the signed-agreement rule in section 52-c(3)(a) apply to a depicted individual who never contracted with the person who disseminates the material?
- Does section 52-c(10), which neither limits nor enlarges the protections of 47 U.S.C. 230, bar a claim against an interactive computer service that hosts the material?
What it makes you log
Who may demand the log
Court
What the log must hold
Consent or opt-out state
Logging duty
A depicted individual may consent to the creation, disclosure, dissemination or publication of sexually explicit material created through digitization only by knowingly and voluntarily signing an agreement, written in plain language, that describes the material and the work it will appear in. A person relying on that consent to avoid liability under this section cannot show it was given without producing the signed agreement the section requires.
- Kind
- Implicit
- As of
- Provision
- § 52-c(3)(a)
- Trigger
- consent_or_optout
What this law does
A depicted individual has a civil cause of action against a person who discloses, disseminates or publishes sexually explicit material showing them that was created or altered through digitization (defined to include software, machine learning, artificial intelligence, or other computer-generated or technological means) without their consent, where the defendant knew or should have known that consent was lacking.
A disclaimer stating the depiction is unauthorized or fabricated is not a defense, and the finder of fact may award injunctive relief, punitive damages, compensatory damages, and attorney's fees.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.
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