Similar to Penal Law 245.15, NYC Administrative Code 10-180(b)(1) is the crime of Revenge Porn within the confines of Manhattan, Brooklyn, Queens, Bronx and Staten Island. Both of these offenses, Unlawful Dissemination or Publication of an Intimate Image and Unlawful Disclosure of and Intimate Image, are misdemeanor statutes and provide for civil prosecutions and law suits as well. Irrespective of which charge is pursued, the law mandates prosecutors to plead certain elements. Specifically, AC 10-180, formerly AC 10-177*3, requires that a “covered recipient” discloses an “intimate image” without the consent of the “depicted individual.” Further, the wrongful sharer or poster must have an objective to cause economic, physical or substantial emotional harm to the depicted person and that individual must be identifiable either because it is clear in the image or from the circumstances the same was disclosed. Without parsing out all of the definitions and legally defined terms, People v. Ahmed, 2018BX038930, demonstrates the legal minimum standard the District Attorney must set forth in a complaint to survive a defense lawyer’s motion to dismiss and the necessity that a “covered recipient” is established within the four corners of the accusatory instrument.
Although there may be victims and their advocates who will argue it does not go far enough, with the passage of New York Penal Law 245.15, Unlawful Dissemination or Publication of an Intimate Image (awaiting the Governor’s signature) police departments and District Attorneys throughout the State of New York will have the ability to prosecute certain types of actions that fall under the umbrella of Revenge Porn crimes. Similar to NYC’s Unlawful Disclosure of an Intimate Image, Administrative Code 10-177*3, this new statute would allow victims to pursue their alleged abusers criminally in a NY Criminal Court as well as in a Civil Court by establishing the means for a private right of action – a lawsuit – pursuant to Civil Rights Law 52-b. Equally important, a violation of Penal Law 245.15 would also constitute a Family Offense thereby potentially allowing a petitioner to secure a Family Court Order of Protection without the arrest of their alleged tormentor.
Whether you are a victim or an accused, before you find yourself on either end of a Criminal, Family or Civil Court proceeding, educate yourself on the law, consult with your counsel or lawyer, and take the steps to protect yourself going forward.
It is a crime to use a computer without permission? The short answer is “depends.” if a person uses your computer without authorization he or she is potentially committing a crime. Of course, that statement needs clarification on many levels. First, must permission be express and is permission to use a computer carte blanche authorization to access anything and everything therein? Second, what the heck is a “computer” as it relates to the New York Penal Law? The answer to these questions and more is either codified in New York Penal Law Article 156 or the case law that interprets the criminal code. The following blog generally addresses the above questions and can serve as guidance for further discussion with a computer crime attorney.
If you are a victim of Revenge Porn, Unlawful Disclosure of an Intimate Image (NYC Admin. Code 10-180), Unlawful Dissemination or Publication of an Intimate Image (Penal Law 245.15), Cyber Stalking, Online Harassment, Sextortion, or other victimization, not only is your ex-boyfriend, former girlfriend or whomever is posting your intimate images without your consent, trying to shame and torment you, but they are likely committing a crime and setting themselves up for a lawsuit filed by a Revenge Porn Lawyer they will not soon forget. What gives a harasser and stalker power is they believe that you, the victim of unlawful distribution or publication of your personal and sometimes explicit recordings, pictures and videos, will succumb to shame and humiliation instead of fighting back with an experienced and knowledgeable attorney. He or she will use Revenge Porn as a means to strike at you from afar knowing that your anxiety will intensify every time you access Instagram, Reddit, Snapchat, Youtube, Facebook, Tumblr, or any other social media platform. Whether your tormentor post videos of you engaged in sexual acts or more “tame” images of your naked body, know that you can potentially have these images not merely hidden or blocked, but removed from Google, Bing, and Yahoo search engines. The lift may not be easy and you may have some work ahead, but when you are ready to hire a lawyer familiar with Revenge Porn and Sextortion crimes and statutes, the civil remedies to compensate you for your pain, the means to secure an Order of Protection, and ultimately the ability to remove copyrighted or explicit personal pictures from the internet by way of a DMCA Takedown or other method, you can put the Revenge Porn, Cyber Stalking and Online Harassment campaign against you in your rear view mirror.
When you are accused of and arrested for a crime or crimes you did not commit, fear can give way to paralysis. Whether you are charged in a New York City Criminal Court with felonies due to a misunderstanding that is based in false presumptions, or even if there is some truth but not full accuracy to each offense drafted in your felony complaint, you and your criminal lawyer have significant work ahead. Remaining frozen with fear is not a viable option.
Yes, you may have made a mistake and technically broken the law, but when all the facts are examined and evidence reviewed, the gravity of the allegations may not ultimately match the charges you face. Finding him/herself in a similar predicament, a recent Saland Law PC client had no choice but to “push back” in a thoughtful and respectful manner against such a felony complaint. Relying on both a legal sufficiency and mitigation defense, our client never lost sight of her/his exposure even if the the charged crimes were in part based on a wrongdoing unsupported by the evidence from a prosecutorial discretion perspective. After being charged with numerous crimes including Third Degree Burglary, Criminal Possession of Computer Related Materials, Computer Trespass and other crimes for allegedly accessing university computers and downloading certain materials, prosecutors agreed to offer a disposition that will ultimately give our client the opportunity to end the criminal case without a criminal criminal conviction dirtying his otherwise pristine criminal record.
Prosecutors don’t look to kindly upon computer hackers. Whether you are Anonymous, a kid in your parent’s office, a disgruntled employee, former worker stealing an employer’s proprietary code or algorithms as it relates to their business, or anything in between, there are a litany of crimes you could face in a New York State prosecution. Some of the most severe could land you in prison for many years while others may not carry the same level of punishment, but would likely decimate your future employment opportunities. This blog entry will address some of the New York hacking statutes (there is no formal penal code offense called “hacking”). For further information on these crimes, as well as the Federal Computer Crime and Cyber Crime statute of 18 United States Code 1030, go to New-York-Lawyers.org where there is easily digestible information on these offenses.
Having the FBI knocking on your door at 6 in the morning can be the most frightening experience in your life. They enter, start searching through your most personal belongings, take your papers, records, phone and computers and leave. This is what happened to one of Saland Law’s recent clients (we’ll call him “Dave” – not his real name). He reached out to us a short time afterwards, when we put our experience and knowledge to work. After some initial investigation, we discovered that the U.S. Attorney’s Office for the Southern District of New York was investigating an international computer hacking ring and that they believed Dave was involved. They initially intended on charging Dave with the serious felony of Computer Hacking under Title 18, United States Code, Section 1030(a)(i), which carries a potential sentence of 10 years in federal prison.
After a diligent and thorough examination of the evidence and Dave’s background, it became clear that Dave was not an international computer hacker. Rather, Dave was a down on his luck twenty-something, who had a troubled past. Dave had a difficult upbringing, growing up in a violence-filled household, child welfare agents constantly around. Dave witnessed abuse of his mother by his father and his sister’s suicide attempt. Dave sunk into deep depression. He spent more and more time and energy on the computer, eventually suffering an addiction to computer gaming and usage. Dave hit rock bottom when he wandered onto a website that promoted computer hacking – it described how to do it, and sold software that enabled the hacking. In a weak moment, Dave purchased the software and began to use it to look at other’s computer files, including his girlfriends. Dave wasn’t proud of his conduct, but because of his addiction, he couldn’t help himself. Dave didn’t try to steal credit card information, or his victim’s identification. Rather, he was only falling deeper into his computer addiction. Continue reading
It may be great tabloid fodder for the foreseeable future, but hacking computers, PCs, mobile devices and Apple’s ICloud is a very dangerous and risky pastime. Sure, sharing intimate and naked photos of Jennifer Lawrence, Kate Upton and Kirsten Dunst may be good for sophomoric kicks and gossip sites. Arguably, many of the images of the also-rans and lesser knowns who were exposed may have secondary and post embarrassment value in boosting their respective profiles. Irrespective of the consequences to the victims both “good” and bad, computer hacking is a serious Federal crime with equally serious punishment. Make no mistake. You need not be the anonymous celebrity hacker to feel the power and wrath of law enforcement from Federal agents to prosecutors. There will be few, if any, Federal judges who will not come down hard with bail upon your arrest or punish you severely at your sentencing should you be convicted of a computer hacking offense. If nothing else is clear, you and your criminal lawyer will have a long road ahead if you are accused, the target, or a subject of a computer hacking offense. If prosecutors have successfully executed search warrants and found materials on your computers, tracked IP information, and obtained any statements from you during the course of their investigation, your predicament can easily go from bad to worse.
The following blog entry will address some of the potential Federal crimes that the anonymous celebrity hacker – or anyone – would face if prosecuted in Manhattan’s Southern District of New York, Brooklyn’s Eastern District of New York, Newark’s District of New Jersey or any other Federal jurisdiction.
“Revenge Porn” has entered the vernacular of every day New Yorkers and it appears as if it is here to stay. With the proliferation of social media, Revenge Porn, and the pictures or videos that it consists of, reeks havoc on the people who are reflected or portrayed in the online imagery. While there very well may be civil avenues to hold perpetrators of Revenge Porn accountable for their postings and sharing, what, if any, criminal remedies exists? Is there a Revenge Porn statute or crime in the New York Penal Law? For better or worse, the answer is no, but does that mean those who post Revenge Porn are free from arrest or prosecution in New York City or New York State?
In People v. Barber, 2013NY059761, NYLJ 1202644738008, at *1 (Crim., NY, Decided February 18, 2014), the defendant allegedly posted nude photographs of the complainant, his former girlfriend, to his own Twitter account and shared the same with his ex-girlfriend’s employer and sister. This was done without the complainant’s consent. As a result of this conduct, the New York County (Manhattan) District Attorney’s Office charged the defendant with Aggravated Harassment in the Second Degree, New York Penal Law 240.30(1)(a), Dissemination of an Unlawful Surveillance Image in the Second Degree, New York Penal Law 250.55 and Public Display of Offensive Sexual Material, New York Penal Law 245.11(a). The defendant brought a motion to dismiss all charges. Although the Court found that defendant’s conduct was despicable, it nevertheless determined that the defendant did not violate any criminal statute for which he was charged.