Pornography is defined as visual or printed material of an explicit and sexual nature that displays sexual organs or sexual activity. It can be printed or represented in some other visual manner. It contains illicit images that are intended to stimulate erotically rather than emotionally or aesthetically, as non-pornographic photography serves to do.
With the emergence of online everything, including pornography, over the past three decades, there has grown a need for new and improved regulatory laws to govern the ever-changing scope of the internet and cell phone use regarding sexual interactions and pornography. These types of laws are unprecedented and unlike any lawmakers have had to create before.
Cyberflashing
For instance, new laws are being passed, and have already been passed across the country, deeming “cyberflashing” illegal. Cyberflashing is a term coined to denote the sending of an unsolicited sexual photo either over the internet or via cell phone. It is considered a form of sexual harassment, and some states have already deemed it a crime.
In New York, cyberflashing became an unprecedented problem on the subway as commuters were airdropped obscene images to their smartphones from strangers. As a result, the New York legislature is working on a bill that would make sending an unsolicited image that is intimate in nature a crime punishable by up to 15 days in jail and a $500 fine. While indecent exposure is illegal, the laws are unclear as to whether digital exposure is included in these laws. Thus, a specific cyberflashing law would explicitly define indecent exposure in various digital capacities and beyond.
Cyberflashing also involves individuals uploading these types of images to the internet via social platforms. The most recent New York law regarding cyberflashing has jurisdiction over the entire state of New York, no matter what municipality the crime occurs in.
Revenge Pornography
Cyberflashing isn’t the only new sexually charged law involving pornography. A rather recent law in New York aims to the creation of revenge pornography. Revenge pornography is the non-consensual sharing of sexual, intimate, or nude images without the consent of the recipient, whether it be between two friends, employers, family members, colleagues, neighbors, former or current sexual partners, or even strangers.
Whether the creation or sending of these images or videos is to humiliate, harass, “sextort,” damage someone’s career, damage someone’s professional reputation, affect their finances, or disturb their emotional health, victims of revenge porn now have the potential for recourse in criminal court. Revenge porn lawyers can now represent your interests in these cases.
A revenge porn offender could be a star-crossed ex-lover who happens to have an intimate photograph still lingering in their phone. If they decide to use it to threaten, embarrass, defame, harass, ridicule, bully, or humiliate you, the extent of the consequences could be potentially dire. This is when a pornography lawyer can be a valuable resource. With the right counsel advocating and representing you, whether you are the offender or the victim in this scenario, it is wise to hire a professional lawyer who knows both the old and new laws that regulate the sharing of pornography.
Victims now have a legal platform to seek punitive damages against their revenge porn perpetrator, and defendants charged with these crimes have the right to legal counsel and the freedom to put up a fight against prosecutors trying their hand at these new charges. If someone posted your explicit photo on the internet without your consent, your lawyer could help you remove it from the internet by contacting search engines and social media platforms on your behalf to get the photos deleted.
Sexting
Another way that illegal pornography is being shared digitally is through the act of sexting. It is against the law in New York to send or receive images that are sexual in nature to anyone, male or female, who was under the age of 17 when the photograph was taken. Not only can you not send these types of images, but it is also illegal to possess them as well. No matter the age of a person, it is also a crime in New York to post or send any type of intimate or explicit photograph of someone without their permission.
One of the main aims of the recent teen sexting laws is to prevent the sharing of these types of images with children. Thus, it is illegal to send an illicit photograph or video to a minor, which means anyone under the age of 17. Teen sexting convictions can result in a lifetime registration on the sex offender registry, lengthy confinement, and a felony on their record. Furthermore, this law not only applies to adults who sext with minors but also to minors who sext with other minors. Anyone who is under 17 years old can still face teen sexing charges if they send explicit images to another person who is also under 17.
FAQs
Q: Can a 17-Year-Old Date a 30-Year-Old?
A: Yes, the legal age for sexual consent in New York is 17. Therefore, at the age of 17, an individual is permitted to give consent to sexual acts with anyone who is also 17 years old or older. New York law believes that, at this age, people are old enough to decide for themselves when and whom they wish to participate in sexual activity or intercourse with.
Q: Is Sexting Legal in New York?
A: If you are an adult sexting with another adult in New York, you are not breaking the law. It is legal for adults to sext each other. However, it is not legal for minors to sext each other or for adults to sext minors. If caught doing so, the offender could end up on the sex offender registry for life.
Q: Can Two Adults Legally Sext?
A: Yes, two adults can legally sext as long as it is consensual between both parties. However, the images are not being used in violation of the revenge porn laws, which prohibit images of others from being shared for malicious purposes against their will. They must also not violate teen sexting laws, which prohibit the sharing of these types of images with minors.
Q: Is Unwanted Sexting a Crime in New York?
A: Yes, sexting harassment and revenge pornography are crimes in New York that are subject to criminal and civil charges. Victims can sue their perpetrators for sharing illicit photos of them against their will or without their permission. Sharing photos that are sexual in nature with someone against their will, or engaging in unwanted sexting with someone, is a crime in New York.
Consult a New York Pornography Lawyer
If you have been charged with breaking any of these pornography laws, contact the Law Offices of Robert Tsigler, PLLC, to discuss your options with one of our knowledgeable attorneys. Alternatively, if you have been the victim of a pornography crime, we are also prepared to handle your case and act aggressively on your behalf.
