AI Frontier Institute

Establishes the crime of aggravated harassment by means of electronic or digital communication; provides for a private right of action for the unlawful dissemination or publication of deep fakes, which are digitized images which are altered to incorporate a person's face or their identifiable body part onto an image and such image depicts a pornographic or lewd sex act or graphic violence.

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New York Senate Bill 6278 (2025-2026) does three things. First, it adds a new Penal Law § 240.80 creating the crime of 'aggravated harassment by means of electronic or digital communication,' a class A misdemeanor, covering anyone who—with intent to harass, annoy, threaten, or alarm—produces, distributes, publishes, or broadcasts material containing a deep fake of another person. A 'deep fake' is defined as a digitized image altered to place a person's face or identifiable body part onto pornographic, lewd, or graphically violent content, published without the depicted person's explicit written permission and for no legitimate purpose other than harassment. Second, it amends Civil Rights Law § 52-b (originally added in 2019) to extend its existing private right of action for unlawful dissemination of intimate images to also cover deep fakes, allowing victims to sue for injunctive relief, punitive damages, compensatory damages, and attorney's fees, with a limitations period of three years after dissemination or one year after discovery, whichever is later. The amended § 52-b also clarifies that websites hosting such content without consent are subject to personal jurisdiction in New York civil actions. Third, it amends Civil Rights Law § 52-c (originally added in 2020) to add deep fakes to the existing private right of action for unlawful dissemination of sexually explicit depictions, and adds 'produces' to the list of covered acts alongside discloses, disseminates, and publishes. Consent under § 52-c must be knowing, voluntary, and in writing, and may be rescinded within three business days. Neither civil provision requires a prior criminal conviction. The bill takes effect immediately upon enactment.

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