This section addresses the distribution of intimate images without consent, and it requires proof of intent — a requirement that distinguishes it from the assumption that any unwanted distribution is criminal. New York charges this offense under New York Penal Law section 245.15.

What the Prosecution Must Prove

The People must prove dissemination of a still or video image of an identifiable person, depicting the intimate parts or sexual conduct the statute describes, where the person depicted had a reasonable expectation of privacy, with intent to cause harm to that person s emotional, financial or physical welfare, and without consent.

Intent to cause harm is the element the People most often cannot prove. Distribution that was careless, that occurred in a group chat, that was forwarded from elsewhere, or that occurred during a dispute without the purpose the statute requires does not satisfy it. Reasonable expectation of privacy is a second contested element where the image was previously shared or posted.

Penalties and Sentencing Exposure

This is a misdemeanor offense. New York assigns each offense a grade, and the grade sets the range the sentencing court works within. Because those figures are amended and because the grade can turn on which subdivision is charged, the exposure in a particular case should be confirmed against the current text of the section named in the accusatory instrument rather than taken from any general description, including this one.

Sex Offender Registration Consequences

A conviction under section 245.15 is not a registrable offense. Registration under the Sex Offender Registration Act is determined in a proceeding separate from the criminal case, and the risk level assigned there governs the duration and the reporting obligations. Because registration follows the offense of conviction, the charge a case resolves to is often more consequential than whether the case resolves at all.

Collateral Consequences: Employment, Professional License, Security Clearance, Immigration

A civil action under New York s separate private right of action is frequently brought alongside or after the criminal case, and the two proceed independently. A protective order in family court may also be pending on the same facts. A licensed professional faces a separate proceeding before the licensing authority, which applies its own standard and is not bound by the criminal outcome. A non-citizen faces immigration consequences that turn on how the offense is characterized under federal law rather than on the label New York gives it, and that analysis belongs in the plea discussion from the start. A person holding or seeking a security clearance faces adjudicative guidelines that treat an allegation as reportable regardless of disposition.

How These Cases Are Investigated

The evidence is device and account based: who possessed the image, from which account it was sent, and to whom. Platform records establish the account; they do not establish who was using it. Where a device was shared or an account compromised, attribution is genuinely contested.

Defenses That Apply to This Charge

• Contesting the intent element, which requires purpose to cause harm rather than carelessness or a forwarded message.
• Testing reasonable expectation of privacy where the image was previously shared or posted by the person depicted.
• Contesting attribution where an account or device was shared or accessed by others.
• Establishing consent where the record supports it, including consent to the specific distribution alleged.
• Managing the parallel civil claim so that positions taken in one proceeding do not damage the other.

What Happens at the First Court Appearance

A misdemeanor complaint is arraigned in the criminal court of the county. Arraignment also addresses release conditions and any order of protection. An order of protection can take effect immediately and can exclude a person from a residence, a workplace or a school before any evidence has been tested. Counsel present at that appearance can be heard on its scope; counsel retained afterward is arguing to modify an order already in force.

Why Private Retained Counsel Matters Here

A parallel civil claim and a criminal charge on the same facts have to be handled together, because what is said in either is available in the other. Retained counsel can begin work before an arrest, engage with the assigned prosecutor while charging decisions are still open, and preserve evidence that degrades quickly. None of that is available once the charging decision has been made and the case is on a calendar.

Frequently Asked Questions

Is any unwanted sharing of an image a crime in New York?

No. Section 245.15 requires intent to cause harm to the depicted person, along with the other statutory elements. Careless or forwarded distribution without that purpose does not satisfy the statute.

Does prior sharing of the image matter?

It bears on the reasonable expectation of privacy element, which the People must prove. Where the image was previously shared or posted, that element becomes genuinely contested.

Can I be sued as well as charged?

Yes. New York provides a separate civil right of action, and a civil claim frequently accompanies or follows the criminal case. The two proceed independently and have to be coordinated.

About Mr. Sris

Mr. Sris is the founding attorney of Law Offices Of SRIS, P.C., a firm practicing since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.

Speak With Mr. Sris

An allegation under Article 130 does not wait for you to decide what to do about it. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

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