{
  "batch": "181-new-york-privacy-and-image-law-for-creators",
  "articles": [
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_privacy_anchor_consolidated_laws_index",
      "category": "Safety",
      "title": "[Unverified - being checked] Official index of the New York Consolidated Laws on a state .gov domain",
      "summary": "[Unverified - being checked] The New York State Senate publishes the official public open index of the Consolidated Laws of New York at nysenate.gov, which is the state's own .gov domain.",
      "body": "The New York State Senate publishes the official public open index of the Consolidated Laws of New York at nysenate.gov, which is the state's own .gov domain.\n\nWhat New York State Senate actually says:\n\n“Consolidated Laws of New York”\n\nNote: Anchor record. Index URL is https://www.nysenate.gov/legislation/laws/CONSOLIDATED on nysenate.gov, a state .gov domain. The headings of the index page list every consolidated law by its two- or three-letter code (CVR Civil Rights, PEN Penal, LLC Limited Liability Company Law, EXC Executive) which is the retrieval path used throughout this batch.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CONSOLIDATED",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate",
      "evidence_quote": "Consolidated Laws of New York",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Consolidated Laws",
      "topic": "Official index of the New York Consolidated Laws on a state .gov domain",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "choosing",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_civil_intimate_image_who_may_sue",
      "category": "Safety",
      "title": "[Unverified - being checked] Civil remedy for non-consensual dissemination of an intimate image - who may sue and the elements",
      "summary": "[Unverified - being checked] Any person depicted in a still or video image, including an image created or altered by digitization, may sue for damages under N.Y. Civil Rights Law § 52-b against an individual who, for the purpose of harassing, annoying or alarming them, disseminated or published (or threatened to do so) an image taken with a reasonable expectation of privacy that depicts an unclothed or exposed intimate part or sexual conduct and was published without the depicted person's consent.",
      "body": "Any person depicted in a still or video image, including an image created or altered by digitization, may sue for damages under N.Y. Civil Rights Law § 52-b against an individual who, for the purpose of harassing, annoying or alarming them, disseminated or published (or threatened to do so) an image taken with a reasonable expectation of privacy that depicts an unclothed or exposed intimate part or sexual conduct and was published without the depicted person's consent.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“§ 52-b. Private right of action for unlawful dissemination or publication of an intimate image. 1. Any person depicted in a still or video image, including an image created or altered by digitization, regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image: a. was taken when such person had a reasonable expectation that the image would remain private; and b. depicts (i) an unclothed or exposed intimate part of such person; or (ii) such person engaging in sexual conduct, as defined in subdivision ten of section 130.00 of the penal law, with another person; and c. was disseminated or published, or threatened to be disseminated or published, without the consent of such person.”\n\nNote: Subdivision 7 of the same page provides that no prior criminal complaint, prosecution or conviction is required. Subdivision 1 does not itself name a dollar figure: see separate record for subdivision 2 remedies and for the limitation period (subdivision 6).",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/52-B",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "§ 52-b. Private right of action for unlawful dissemination or publication of an intimate image. 1. Any person depicted in a still or video image, including an image created or altered by digitization, regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image: a. was taken when such person had a reasonable expectation that the image would remain private; and b. depicts (i) an unclothed or exposed intimate part of such person; or (ii) such person engaging in sexual conduct, as defined in subdivision ten of section 130.00 of the penal law, with another person; and c. was disseminated or published, or threatened to be disseminated or published, without the consent of such person.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 52-b",
      "topic": "Civil remedy for non-consensual dissemination of an intimate image - who may sue and the elements",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_civil_intimate_image_remedies",
      "category": "Safety",
      "title": "[Unverified - being checked] Civil remedy - what a successful plaintiff may recover - damages and attorney's fees",
      "summary": "[Unverified - being checked] Under N.Y. Civil Rights Law § 52-b subdivision 2, the finder of fact may in its discretion award injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorney's fees; the statute names no fixed statutory damages floor or cap.",
      "body": "Under N.Y. Civil Rights Law § 52-b subdivision 2, the finder of fact may in its discretion award injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorney's fees; the statute names no fixed statutory damages floor or cap.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“2. In any action commenced pursuant to subdivision one of this section, the finder of fact, in its discretion, may award injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorney's fees.”\n\nNote: The batch asked for 'the statutory damages figure if one is named'. N.Y. CVR § 52-b names no fixed statutory damages figure - damages are discretionary. That absence is separately logged in could_not_verify.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/52-B",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "2. In any action commenced pursuant to subdivision one of this section, the finder of fact, in its discretion, may award injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorney's fees.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 52-b",
      "topic": "Civil remedy - what a successful plaintiff may recover - damages and attorney's fees",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_civil_intimate_image_limitation_period",
      "category": "Safety",
      "title": "[Unverified - being checked] Civil remedy - limitation period for suing",
      "summary": "[Unverified - being checked] An action or special proceeding under N.Y. Civil Rights Law § 52-b must be commenced the later of three years after the dissemination or publication of the image, or one year from the date the person discovers or reasonably should have discovered the dissemination or publication.",
      "body": "An action or special proceeding under N.Y. Civil Rights Law § 52-b must be commenced the later of three years after the dissemination or publication of the image, or one year from the date the person discovers or reasonably should have discovered the dissemination or publication.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“6. A cause of action or special proceeding under this section shall be commenced the later of either: a. three years after the dissemination or publication of an image; or b. one year from the date a person discovers, or reasonably should have discovered, the dissemination or publication of such image.”",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/52-B",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "6. A cause of action or special proceeding under this section shall be commenced the later of either: a. three years after the dissemination or publication of an image; or b. one year from the date a person discovers, or reasonably should have discovered, the dissemination or publication of such image.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 52-b",
      "topic": "Civil remedy - limitation period for suing",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "hollow_body",
          "strong_label_on_weak_content"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_criminal_intimate_image_class_a_misdemeanor",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Penal Law § 245.15: Criminal counterpart to the civil intimate-image remedy - offense and penalty class",
      "summary": "[Unverified - being checked] Under N.Y. Penal Law § 245.15, intentionally disseminating or publishing a still or video image of a person with intimate parts exposed or engaging in sexual conduct, without consent, with intent to cause harm to the emotional, financial or physical welfare of that person, is unlawful dissemination or publication of an intimate image, which is a class A misdemeanor.",
      "body": "Under N.Y. Penal Law § 245.15, intentionally disseminating or publishing a still or video image of a person with intimate parts exposed or engaging in sexual conduct, without consent, with intent to cause harm to the emotional, financial or physical welfare of that person, is unlawful dissemination or publication of an intimate image, which is a class A misdemeanor.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“Unlawful dissemination or publication of an intimate image is a class A misdemeanor.”\n\nNote: The quoted penalty sentence ends the operative text of PEN § 245.15 on the Open Legislation page. Full elements (subdivision 1) are quoted in the could_not_verify-adjacent notes of the separate absence record; the offense requires intent to cause harm and that the actor knew or reasonably should have known the depicted person did not consent.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/PEN/245.15",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "Unlawful dissemination or publication of an intimate image is a class A misdemeanor.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Penal Law § 245.15",
      "topic": "Criminal counterpart to the civil intimate-image remedy - offense and penalty class",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_criminal_intimate_image_no_aggravated_degree",
      "category": "Safety",
      "title": "[Unverified - being checked] Absence check - is there any additional or aggravated criminal intimate-image offense beyond § 245.15",
      "summary": "[Unverified - being checked] Penal Law Article 245 (Offenses Against Public Sensibilities) contains no offense carrying an enhanced degree or penalty for dissemination or publication of an intimate image beyond § 245.15; a section numbered 245.16 does not exist on the Open Legislation index (a request for PEN/245.16 returns 'The requested entry could not be found').",
      "body": "Penal Law Article 245 (Offenses Against Public Sensibilities) contains no offense carrying an enhanced degree or penalty for dissemination or publication of an intimate image beyond § 245.15; a section numbered 245.16 does not exist on the Open Legislation index (a request for PEN/245.16 returns 'The requested entry could not be found').\n\nWhat New York State Senate - Open Legislation actually says:\n\n“ARTICLE 245 OFFENSES AGAINST PUBLIC SENSIBILITIES Section 245.00 Public lewdness.  245.01 Exposure of a person.  245.02 Promoting the exposure of a person.  245.03 Public lewdness in the first degree.  245.05 Offensive exhibition.  245.10 Public display of offensive sexual material; definitions of terms.  245.11 Public display of offensive sexual material.  245.15 Unlawful dissemination or publication of an intimate image.”\n\nNote: Indexes opened 2026-09-12: https://www.nysenate.gov/legislation/laws/PEN/P3TNA245 (Article 245 section list) and https://www.nysenate.gov/legislation/laws/PEN/245.15. Also tried https://www.nysenate.gov/legislation/laws/PEN/245.16 which returned 'The requested entry could not be found.'. Searched Article 245 for a 'dissemination of an intimate image in the (first/second) degree' or any aggravated penalty section - none exists in this article. Intimate-image offenses with other degrees may arguably appear elsewhere in the Penal Law (e.g. Article 250), but that is outside the article searched here.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/PEN/P3TNA245",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "ARTICLE 245 OFFENSES AGAINST PUBLIC SENSIBILITIES Section 245.00 Public lewdness.  245.01 Exposure of a person.  245.02 Promoting the exposure of a person.  245.03 Public lewdness in the first degree.  245.05 Offensive exhibition.  245.10 Public display of offensive sexual material; definitions of terms.  245.11 Public display of offensive sexual material.  245.15 Unlawful dissemination or publication of an intimate image.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Penal Law Article 245",
      "topic": "Absence check - is there any additional or aggravated criminal intimate-image offense beyond § 245.15",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "choosing",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_civil_sexually_explicit_digitized_depiction_cause_of_action",
      "category": "Safety",
      "title": "[Unverified - being checked] Civil remedy for non-consensual sexually explicit digitized (AI/altered) depictions - who may sue",
      "summary": "[Unverified - being checked] Under N.Y. Civil Rights Law § 52-c, a 'depicted individual' has a civil cause of action against any person who discloses, disseminates or publishes sexually explicit material related to them when the person knew or reasonably should have known the depicted individual did not consent to its creation, disclosure, dissemination or publication, and it is not a defense that the material carries a disclaimer saying the inclusion was unauthorized.",
      "body": "Under N.Y. Civil Rights Law § 52-c, a 'depicted individual' has a civil cause of action against any person who discloses, disseminates or publishes sexually explicit material related to them when the person knew or reasonably should have known the depicted individual did not consent to its creation, disclosure, dissemination or publication, and it is not a defense that the material carries a disclaimer saying the inclusion was unauthorized.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“2. a. A depicted individual shall have a cause of action against a person who, discloses, disseminates or publishes sexually explicit material related to the depicted individual, and the person knows or reasonably should have known the depicted individual in that material did not consent to its creation, disclosure, dissemination, or publication.”\n\nNote: Remedies (subdivision 5 of the same page) mirror § 52-b: the finder of fact may in its discretion award injunctive relief, punitive damages, compensatory damages, and reasonable court costs and attorney's fees; limitation period (subdivision 6) is the later of three years after dissemination/publication or one year after discovery. These are stated on the same page but are not part of the quoted span.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/52-C",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "2. a. A depicted individual shall have a cause of action against a person who, discloses, disseminates or publishes sexually explicit material related to the depicted individual, and the person knows or reasonably should have known the depicted individual in that material did not consent to its creation, disclosure, dissemination, or publication.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 52-c",
      "topic": "Civil remedy for non-consensual sexually explicit digitized (AI/altered) depictions - who may sue",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_criminal_online_harassment_aggravated_harassment_elements",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Penal Law § 240.30: Online harassment - threat by computer or electronic means as aggravated harassment in the second degree",
      "summary": "[Unverified - being checked] N.Y. Penal Law § 240.30 makes it aggravated harassment in the second degree to, with intent to harass, communicate - anonymously or otherwise, by telephone, by computer or any other electronic means - a threat to cause physical harm to, or unlawful harm to the property of, a person or that person's same family or household, knowing or reasonably knowing the communication will cause the person to reasonably fear harm; this is New York's criminal online-harassment ('cyberharassment'-type) provision.",
      "body": "N.Y. Penal Law § 240.30 makes it aggravated harassment in the second degree to, with intent to harass, communicate - anonymously or otherwise, by telephone, by computer or any other electronic means - a threat to cause physical harm to, or unlawful harm to the property of, a person or that person's same family or household, knowing or reasonably knowing the communication will cause the person to reasonably fear harm; this is New York's criminal online-harassment ('cyberharassment'-type) provision.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“1. With intent to harass another person, the actor either: (a) communicates, anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person, or a member of such person's same family or household as defined in subdivision one of section 530.11 of the criminal procedure law, and the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person's physical safety or property, or to the physical safety or property of a member of such person's same family or household; or”\n\nNote: Subdivision 1(b) (parallel 'causes a communication to be initiated' wording) sits directly after the quoted text; the two are separate lettered subparagraphs of subdivision 1.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/PEN/240.30",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "1. With intent to harass another person, the actor either: (a) communicates, anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person, or a member of such person's same family or household as defined in subdivision one of section 530.11 of the criminal procedure law, and the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person's physical safety or property, or to the physical safety or property of a member of such person's same family or household; or",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Penal Law § 240.30",
      "topic": "Online harassment - threat by computer or electronic means as aggravated harassment in the second degree",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_criminal_online_harassment_aggravated_harassment_penalty",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Penal Law § 240.30: Online harassment - penalty class",
      "summary": "[Unverified - being checked] Aggravated harassment in the second degree under N.Y. Penal Law § 240.30 is a class A misdemeanor.",
      "body": "Aggravated harassment in the second degree under N.Y. Penal Law § 240.30 is a class A misdemeanor.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“Aggravated harassment in the second degree is a class A misdemeanor.”",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/PEN/240.30",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "Aggravated harassment in the second degree is a class A misdemeanor.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Penal Law § 240.30",
      "topic": "Online harassment - penalty class",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "hollow_body",
          "strong_label_on_weak_content"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_criminal_cyberharassment_no_such_section",
      "category": "Safety",
      "title": "[Unverified - being checked] Absence check - no Penal Law provision titled cyberharassment or sexual cyberharassment exists in Article 240",
      "summary": "[Unverified - being checked] Penal Law Article 240 (Offenses Against Public Order) contains no section titled cyberharassment or sexual cyberharassment; New York's online-threat and online-harassment crimes are the harassment and aggravated harassment offenses (240.25, 240.26, 240.30, 240.31).",
      "body": "Penal Law Article 240 (Offenses Against Public Order) contains no section titled cyberharassment or sexual cyberharassment; New York's online-threat and online-harassment crimes are the harassment and aggravated harassment offenses (240.25, 240.26, 240.30, 240.31).\n\nWhat New York State Senate - Open Legislation actually says:\n\n“ARTICLE 240 OFFENSES AGAINST PUBLIC ORDER Section 240.00 Offenses against public order; definitions of terms.  240.05 Riot in the second degree.  240.06 Riot in the first degree.  240.08 Inciting to riot.  240.10 Unlawful assembly.  240.15 Criminal anarchy.  240.20 Disorderly conduct.  240.21 Disruption or disturbance of a religious service, funeral, burial or memorial service.  240.25 Harassment in the first degree.  240.26 Harassment in the second degree.  240.30 Aggravated harassment in the second degree.  240.31 Aggravated harassment in the first degree.  240.32 Aggravated harassment of an employee by an incarcerated individual.  240.33 Aggravated harassment of a judge.  240.35 Loitering.  240.36 Loitering in the first degree.  240.40 Appearance in public under the influence of narcotics or a drug other than alcohol.  240.45 Criminal nuisance in the second degree.  240.46 Criminal nuisance in the first degree.  240.48 Disseminating a false registered sex offender notice.  240.50 Falsely reporting an incident in the third degree.  240.55 Falsely reporting an incident in the second degree.  240.60 Falsely reporting an incident in the first degree.  240.61 Placing a false bomb or hazardous substance in the second degree.  240.62 Placing a false bomb or hazardous substance in the first degree.  240.63 Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall.  240.65 Unlawful prevention of public access to records.  240.69 Criminal interference with access to a place of religious worship.  240.70 Criminal interference with health care services or religious worship in the second degree.  240.71 Criminal interference with health care services or religious worship in the first degree.  240.72 Aggravated interference with health care services in the second degree.  240.73 Aggravated interference with health care services in the first degree.  240.75 Aggravated family offense.  240.76 Directing a laser at an aircraft in the second degree.  240.77 Directing a laser at an aircraft in the first degree.  240.78 Making a threat of mass harm.  240.79 Aggravated threat of mass harm.”\n\nNote: Index opened 2026-09-12: https://www.nysenate.gov/legislation/laws/PEN/P3TNA240 (Article 240 Offenses Against Public Order, full section list 240.00-240.79). The absence is only for Article 240; a 'sexual cyberharassment' or 'cyberharassment' provision could sit elsewhere in the Penal Law, but none is listed in this article. Web searches for 'New York sexual cyberharassment statute' surfaced no statute by that name. See also could_not_verify line logged in this batch.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/PEN/P3TNA240",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "ARTICLE 240 OFFENSES AGAINST PUBLIC ORDER Section 240.00 Offenses against public order; definitions of terms.  240.05 Riot in the second degree.  240.06 Riot in the first degree.  240.08 Inciting to riot.  240.10 Unlawful assembly.  240.15 Criminal anarchy.  240.20 Disorderly conduct.  240.21 Disruption or disturbance of a religious service, funeral, burial or memorial service.  240.25 Harassment in the first degree.  240.26 Harassment in the second degree.  240.30 Aggravated harassment in the second degree.  240.31 Aggravated harassment in the first degree.  240.32 Aggravated harassment of an employee by an incarcerated individual.  240.33 Aggravated harassment of a judge.  240.35 Loitering.  240.36 Loitering in the first degree.  240.40 Appearance in public under the influence of narcotics or a drug other than alcohol.  240.45 Criminal nuisance in the second degree.  240.46 Criminal nuisance in the first degree.  240.48 Disseminating a false registered sex offender notice.  240.50 Falsely reporting an incident in the third degree.  240.55 Falsely reporting an incident in the second degree.  240.60 Falsely reporting an incident in the first degree.  240.61 Placing a false bomb or hazardous substance in the second degree.  240.62 Placing a false bomb or hazardous substance in the first degree.  240.63 Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall.  240.65 Unlawful prevention of public access to records.  240.69 Criminal interference with access to a place of religious worship.  240.70 Criminal interference with health care services or religious worship in the second degree.  240.71 Criminal interference with health care services or religious worship in the first degree.  240.72 Aggravated interference with health care services in the second degree.  240.73 Aggravated interference with health care services in the first degree.  240.75 Aggravated family offense.  240.76 Directing a laser at an aircraft in the second degree.  240.77 Directing a laser at an aircraft in the first degree.  240.78 Making a threat of mass harm.  240.79 Aggravated threat of mass harm.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Penal Law Article 240",
      "topic": "Absence check - no Penal Law provision titled cyberharassment or sexual cyberharassment exists in Article 240",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "choosing",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_criminal_stalking_online_conduct",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Penal Law § 120.45: Stalking statute as it applies to online conduct - stalking in the fourth degree",
      "summary": "[Unverified - being checked] N.Y. Penal Law § 120.45 makes stalking in the fourth degree a class B misdemeanor: intentionally and for no legitimate purpose engaging in a course of conduct directed at a specific person, knowing or reasonably knowing it is likely to cause reasonable fear of material harm to physical health, safety or property, or - after being previously clearly informed to cease - causing material harm to mental or emotional health through telephoning or initiating communication or contact; 'following' for these purposes includes unauthorized tracking of the person's movements or location through a global positioning system or other device.",
      "body": "N.Y. Penal Law § 120.45 makes stalking in the fourth degree a class B misdemeanor: intentionally and for no legitimate purpose engaging in a course of conduct directed at a specific person, knowing or reasonably knowing it is likely to cause reasonable fear of material harm to physical health, safety or property, or - after being previously clearly informed to cease - causing material harm to mental or emotional health through telephoning or initiating communication or contact; 'following' for these purposes includes unauthorized tracking of the person's movements or location through a global positioning system or other device.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“§ 120.45 Stalking in the fourth degree.  A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:  1. is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or  2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person's immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or  3. is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person's place of employment or business, and the actor was previously clearly informed to cease that conduct.  For the purposes of subdivision two of this section, \"following\" shall include the unauthorized tracking of such person's movements or location through the use of a global positioning system or other device.  Stalking in the fourth degree is a class B misdemeanor.”\n\nNote: Higher degrees (third/second/first, §§ 120.50/120.55/120.60) exist in the same article and depend on enumerated aggravators; the fourth-degree offense is the base online/communications stalking offense quoted here.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/PEN/120.45",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "§ 120.45 Stalking in the fourth degree.  A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:  1. is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or  2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person's immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or  3. is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person's place of employment or business, and the actor was previously clearly informed to cease that conduct.  For the purposes of subdivision two of this section, \"following\" shall include the unauthorized tracking of such person's movements or location through the use of a global positioning system or other device.  Stalking in the fourth degree is a class B misdemeanor.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Penal Law § 120.45",
      "topic": "Stalking statute as it applies to online conduct - stalking in the fourth degree",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_acp_who_and_administrator",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Executive Law § 108: Address Confidentiality Program - who qualifies and who administers it",
      "summary": "[Unverified - being checked] New York's Address Confidentiality Program, created in the office of the secretary of state and administered by the secretary of state, protects victims of domestic violence, human trafficking, kidnapping, a sexual offense or stalking, and reproductive health care services providers, employees, volunteers or patients and their immediate families, by authorizing use of designated (substitute) addresses for such victims and their minor children.",
      "body": "New York's Address Confidentiality Program, created in the office of the secretary of state and administered by the secretary of state, protects victims of domestic violence, human trafficking, kidnapping, a sexual offense or stalking, and reproductive health care services providers, employees, volunteers or patients and their immediate families, by authorizing use of designated (substitute) addresses for such victims and their minor children.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“There is created in the office of the secretary of state a program to be known as the \"address confidentiality program\" to protect victims of domestic violence, victims of human trafficking, victims of kidnapping, victims of a sexual offense, victims of stalking, and reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers by authorizing the use of designated addresses for such victims and their minor children. The program shall be administered by the secretary of state.”\n\nNote: The Department of State's own program page (https://dos.ny.gov/acp, opened 2026-09-12) describes the same program: 'The ACP provides eligible participants with a substitute address and free mail forwarding service to keep their real address safe.' A victim of stalking is defined in the statute by reference to Penal Law §§ 120.45, 120.50, 120.55 and 120.60; a victim of a sexual offense by reference to Penal Law Article 130 and §§ 255.25-255.27.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/EXC/108",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "There is created in the office of the secretary of state a program to be known as the \"address confidentiality program\" to protect victims of domestic violence, victims of human trafficking, victims of kidnapping, victims of a sexual offense, victims of stalking, and reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers by authorizing the use of designated addresses for such victims and their minor children. The program shall be administered by the secretary of state.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Executive Law § 108",
      "topic": "Address Confidentiality Program - who qualifies and who administers it",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_acp_certification_duration",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Executive Law § 108: Address Confidentiality Program - how long certification lasts",
      "summary": "[Unverified - being checked] A participant in New York's Address Confidentiality Program is certified for four years following the date of filing, unless the certification is withdrawn or cancelled before that date, with renewal governed by rules and regulations promulgated by the secretary of state.",
      "body": "A participant in New York's Address Confidentiality Program is certified for four years following the date of filing, unless the certification is withdrawn or cancelled before that date, with renewal governed by rules and regulations promulgated by the secretary of state.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“Participants shall be certified for four years following the date of filing, unless the certification is withdrawn or cancelled before that date. The secretary shall promulgate rules and regulations for renewal of applications pursuant to this section.”",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/EXC/108",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "Participants shall be certified for four years following the date of filing, unless the certification is withdrawn or cancelled before that date. The secretary shall promulgate rules and regulations for renewal of applications pursuant to this section.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Executive Law § 108",
      "topic": "Address Confidentiality Program - how long certification lasts",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "thin_body",
          "source_unverifiable:fetch_failed:budget"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_acp_substitute_address_public_records",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Executive Law § 108: Address Confidentiality Program - whether the substitute address may be used on public records including business filings",
      "summary": "[Unverified - being checked] Under Executive Law § 108(4)(a), a program participant may request that state and local agencies use the substitute address, and when creating, modifying or maintaining a public record those agencies shall accept the substitute address upon proof of certification, unless the secretary waives the requirement on a showing of a bona fide statutory or administrative requirement for the actual address.",
      "body": "Under Executive Law § 108(4)(a), a program participant may request that state and local agencies use the substitute address, and when creating, modifying or maintaining a public record those agencies shall accept the substitute address upon proof of certification, unless the secretary waives the requirement on a showing of a bona fide statutory or administrative requirement for the actual address.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“A program participant may request that state and local agencies use the substitute address. When creating, modifying or maintaining a public record, state and local agencies shall accept the substitute address upon demonstration by a program participant of his or her certification in the program, unless the secretary waives this requirement after determining that: (i) the agency has a bona fide statutory or administrative requirement for the use of the participant's actual address which would otherwise be confidential under this section; and (ii) the agency has explained how its acceptance of the substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.”\n\nNote: The statute speaks of 'state and local agencies' and 'public records'; it does not specifically use the words 'business filing' or 'LLC'. Whether a specific Department of State business-entity filing accepts the ACP P.O.-box substitute address is analysed in the separate record on business filing address requirements (N.Y. LLC Law) and in could_not_verify.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/EXC/108",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "A program participant may request that state and local agencies use the substitute address. When creating, modifying or maintaining a public record, state and local agencies shall accept the substitute address upon demonstration by a program participant of his or her certification in the program, unless the secretary waives this requirement after determining that: (i) the agency has a bona fide statutory or administrative requirement for the use of the participant's actual address which would otherwise be confidential under this section; and (ii) the agency has explained how its acceptance of the substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Executive Law § 108",
      "topic": "Address Confidentiality Program - whether the substitute address may be used on public records including business filings",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_acp_substitute_address_as_work_address",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Executive Law § 108: Address Confidentiality Program - using the substitute address as a work address",
      "summary": "[Unverified - being checked] A program participant may use the ACP substitute address as his or her work address under Executive Law § 108(4)(d), which matters to a creator who keeps a home address private but files a business or work address.",
      "body": "A program participant may use the ACP substitute address as his or her work address under Executive Law § 108(4)(d), which matters to a creator who keeps a home address private but files a business or work address.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“A program participant may use the substitute address as his or her work address.”",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/EXC/108",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "A program participant may use the substitute address as his or her work address.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Executive Law § 108",
      "topic": "Address Confidentiality Program - using the substitute address as a work address",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "hollow_body",
          "strong_label_on_weak_content"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_publicity_cv_r_50_use_without_consent",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Civil Rights Law § 50: Right of publicity statutory foundation - using a living person's name, portrait, picture, likeness or voice in trade without consent is a misdemeanor",
      "summary": "[Unverified - being checked] N.Y. Civil Rights Law § 50 makes it a misdemeanor for a person, firm or corporation to use the name, portrait, picture, likeness or voice of any living person for advertising purposes or for the purposes of trade without first obtaining written consent (from the minor's parent or guardian if the person is a minor); by its operative language the protection is limited to living persons.",
      "body": "N.Y. Civil Rights Law § 50 makes it a misdemeanor for a person, firm or corporation to use the name, portrait, picture, likeness or voice of any living person for advertising purposes or for the purposes of trade without first obtaining written consent (from the minor's parent or guardian if the person is a minor); by its operative language the protection is limited to living persons.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“§ 50. Right of privacy. A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait, picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor.”\n\nNote: The words 'any living person' are the statute's own; no provision of § 50 addresses death, deceased persons or estates. See the could_not_verify line for the post-mortem-survival question.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/50",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "§ 50. Right of privacy. A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait, picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 50",
      "topic": "Right of publicity statutory foundation - using a living person's name, portrait, picture, likeness or voice in trade without consent is a misdemeanor",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_publicity_cv_r_51_civil_action",
      "category": "Safety",
      "title": "[Unverified - being checked] Right of publicity - civil action for injunction and damages for non-consensual commercial use",
      "summary": "[Unverified - being checked] N.Y. Civil Rights Law § 51 gives any person whose name, portrait, picture, likeness or voice is used in this state for advertising or trade without written consent an equitable action in the supreme court to prevent and restrain the use, plus a right to sue and recover damages; if the defendant knowingly made the unlawful use, the jury may in its discretion award exemplary damages.",
      "body": "N.Y. Civil Rights Law § 51 gives any person whose name, portrait, picture, likeness or voice is used in this state for advertising or trade without written consent an equitable action in the supreme court to prevent and restrain the use, plus a right to sue and recover damages; if the defendant knowingly made the unlawful use, the jury may in its discretion award exemplary damages.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“§ 51. Action for injunction and for damages. Any person whose name, portrait, picture, likeness or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using such person's name, portrait, picture, likeness or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person's name, portrait, picture, likeness or voice in such manner as is forbidden or declared to be unlawful by section fifty of this article, the jury, in its discretion, may award exemplary damages.”\n\nNote: The remainder of § 51 carves out permitted resale/transfer of material, photography portfolio display and sale of goods/literary or musical productions; those carve-outs follow the quoted passage on the same page.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/51",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "§ 51. Action for injunction and for damages. Any person whose name, portrait, picture, likeness or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using such person's name, portrait, picture, likeness or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person's name, portrait, picture, likeness or voice in such manner as is forbidden or declared to be unlawful by section fifty of this article, the jury, in its discretion, may award exemplary damages.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 51",
      "topic": "Right of publicity - civil action for injunction and damages for non-consensual commercial use",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_business_filing_llc_articles_address_contents",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Limited Liability Company Law § 203: Whether a public business filing must show a residential or business (street) address, and what address stands in",
      "summary": "[Unverified - being checked] An LLC's articles of organization filed with the New York Department of State need not contain any residential or business street address for the company: they must state the county of the office, and either a post office address (within or without this state) to which the secretary of state mails process - a P.O. box qualifies - plus a designation of the secretary of state as agent, and, if the LLC has a registered agent, that agent's name and address within this state.",
      "body": "An LLC's articles of organization filed with the New York Department of State need not contain any residential or business street address for the company: they must state the county of the office, and either a post office address (within or without this state) to which the secretary of state mails process - a P.O. box qualifies - plus a designation of the secretary of state as agent, and, if the LLC has a registered agent, that agent's name and address within this state.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“(2) the county within this state in which the office of the limited liability company is to be located or if the limited liability company shall maintain more than one office in this state, the county in which the principal office of the limited liability company is to be located; (3) if the limited liability company is to have a specific date of dissolution in addition to the events of dissolution set forth in section seven hundred one of this chapter, the latest date on which the limited liability company is to dissolve; (4) a designation of the secretary of state as agent of the limited liability company upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against the limited liability company served upon him or her. The limited liability company may include an email address to which the secretary of state shall email a notice of the fact that process against it has been electronically served upon him or her; (5) if the limited liability company is to have a registered agent, its name and address within this state and a statement that the registered agent is to be the agent of the limited liability company upon whom process against it may be served;”\n\nNote: The quoted items are subparagraphs (2) through (5) of LLC Law § 203(e); subparagraph (1) requires the LLC name, (6) member-liability statements and (7) other provisions. The statute's own words for the process address are 'post office address', i.e. a mailing address, not a street address. This record answers the batch question 'whether a registered agent's address may stand in' at the formation-filing level; the registered agent's own identity requirements are the separate § 302 record.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/LLC/203",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "(2) the county within this state in which the office of the limited liability company is to be located or if the limited liability company shall maintain more than one office in this state, the county in which the principal office of the limited liability company is to be located; (3) if the limited liability company is to have a specific date of dissolution in addition to the events of dissolution set forth in section seven hundred one of this chapter, the latest date on which the limited liability company is to dissolve; (4) a designation of the secretary of state as agent of the limited liability company upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against the limited liability company served upon him or her. The limited liability company may include an email address to which the secretary of state shall email a notice of the fact that process against it has been electronically served upon him or her; (5) if the limited liability company is to have a registered agent, its name and address within this state and a statement that the registered agent is to be the agent of the limited liability company upon whom process against it may be served;",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Limited Liability Company Law § 203",
      "topic": "Whether a public business filing must show a residential or business (street) address, and what address stands in",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_business_filing_registered_agent_qualifications",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Limited Liability Company Law § 302: Who may be the registered agent whose address stands in on a business filing",
      "summary": "[Unverified - being checked] Under LLC Law § 302(b), a New York LLC's registered agent may be a natural person who is a resident of this state or has a business address in this state, or a domestic/authorized foreign LLC, or a domestic/authorized-foreign corporation - so a commercial registered-agent service (a corporation) may hold that role and its address, not the creator's home address, appears in the filing.",
      "body": "Under LLC Law § 302(b), a New York LLC's registered agent may be a natural person who is a resident of this state or has a business address in this state, or a domestic/authorized foreign LLC, or a domestic/authorized-foreign corporation - so a commercial registered-agent service (a corporation) may hold that role and its address, not the creator's home address, appears in the filing.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“The agent must be either: (1) a natural person who is a resident of this state or has a business address in this state; (2) a domestic limited liability company or an authorized foreign limited liability company; or (3) a domestic corporation or a foreign corporation authorized to do business in this state.”\n\nNote: Companion provision LLC Law § 301 (opened 2026-09-12) makes the secretary of state the agent for service of process of every domestic LLC and requires every LLC to designate the secretary of state. String address requirement for LLC articles: 'address within this state' for the registered agent; the LLC itself lists a post office address for process under § 203(e)(4).",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/LLC/302",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "The agent must be either: (1) a natural person who is a resident of this state or has a business address in this state; (2) a domestic limited liability company or an authorized foreign limited liability company; or (3) a domestic corporation or a foreign corporation authorized to do business in this state.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Limited Liability Company Law § 302",
      "topic": "Who may be the registered agent whose address stands in on a business filing",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_publicity_post_mortem_consent_required",
      "category": "Safety",
      "title": "[Unverified - being checked] Right of publicity - post-mortem rights requiring consent to commercial use of a deceased person's name, voice, signature, photograph or likeness",
      "summary": "[Unverified - being checked] N.Y. Civil Rights Law § 50-f gives post-mortem publicity rights: any person who uses a deceased personality's name, voice, signature, photograph or likeness on or in products, merchandise or goods, or for advertising/selling/soliciting purchases of products, merchandise, goods or services, without prior consent from the successors specified in subdivision four, is liable for damages sustained by the injured persons - so a deceased person's likeness may not be commercially used in New York without heir/executor consent.",
      "body": "N.Y. Civil Rights Law § 50-f gives post-mortem publicity rights: any person who uses a deceased personality's name, voice, signature, photograph or likeness on or in products, merchandise or goods, or for advertising/selling/soliciting purchases of products, merchandise, goods or services, without prior consent from the successors specified in subdivision four, is liable for damages sustained by the injured persons - so a deceased person's likeness may not be commercially used in New York without heir/executor consent.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“2. a. Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision four of this section, shall be liable for any damages sustained by the person or persons injured as a result thereof.”\n\nNote: The governor's official announcement of the December 11, 2025 signing states: 'The Governor also signed legislation S.8391/A.8882, which requires consent from heirs or executors if a person wishes to use the name, image, or likeness of an individual for commercial purposes after their death.' (tier A, cited in sources_opened).",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/50-F",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "2. a. Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision four of this section, shall be liable for any damages sustained by the person or persons injured as a result thereof.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 50-f",
      "topic": "Right of publicity - post-mortem rights requiring consent to commercial use of a deceased person's name, voice, signature, photograph or likeness",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_publicity_post_mortem_damages",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Civil Rights Law § 50-f: Right of publicity - minimum recovery for post-mortem violation",
      "summary": "[Unverified - being checked] Under CVR § 50-f(2)(c)(i), for a post-mortem publicity violation, the violator is liable in an amount equal to the greater of two thousand dollars or the compensatory damages suffered, plus profits from the unauthorized use that are not already counted in the compensatory damages; the injured party need only prove gross revenue attributable to the use, and the violator proves deductible expenses; punitive damages may also be awarded.",
      "body": "Under CVR § 50-f(2)(c)(i), for a post-mortem publicity violation, the violator is liable in an amount equal to the greater of two thousand dollars or the compensatory damages suffered, plus profits from the unauthorized use that are not already counted in the compensatory damages; the injured party need only prove gross revenue attributable to the use, and the violator proves deductible expenses; punitive damages may also be awarded.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“i. the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of two thousand dollars or the compensatory damages suffered by the injured party or parties, as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the compensatory damages.”",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/50-F",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "i. the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of two thousand dollars or the compensatory damages suffered by the injured party or parties, as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the compensatory damages.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 50-f",
      "topic": "Right of publicity - minimum recovery for post-mortem violation",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "hollow_body",
          "strong_label_on_weak_content"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_publicity_post_mortem_what_survives_death",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Civil Rights Law § 50-f: Right of publicity - whether it survives death and how it passes",
      "summary": "[Unverified - being checked] Under CVR § 50-f(3), the post-mortem publicity rights survive the personality's death as property rights that are freely transferable or descendible, in whole or in part, by contract, license, gift, trust or any other testamentary instrument.",
      "body": "Under CVR § 50-f(3), the post-mortem publicity rights survive the personality's death as property rights that are freely transferable or descendible, in whole or in part, by contract, license, gift, trust or any other testamentary instrument.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract, license, gift, or by means of any trust or any other testamentary instrument.”\n\nNote: Separately from this quoted subdivision, § 50-f(8) on the same opened page sets a durational limit - 'An action shall not be brought under this section by reason of any use of a deceased personality's name, voice, signature, photograph, or likeness occurring after the expiration of forty years after the death of the deceased personality.' - which by the one-quote rule would be its own record; it is not part of the quoted span.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/50-F",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract, license, gift, or by means of any trust or any other testamentary instrument.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 50-f",
      "topic": "Right of publicity - whether it survives death and how it passes",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r181_new_york_privacy_and_image_law_for_creators_ny_publicity_post_mortem_successor_registry",
      "category": "Safety",
      "title": "[Unverified - being checked] New York Civil Rights Law § 50-f: Right of publicity - successor registration required before suing; registry is public",
      "summary": "[Unverified - being checked] Under CVR § 50-f(7), a person claiming to be a successor in interest to a deceased personality's publicity rights (or a licensee) must register the claim with the secretary of state on a prescribed form and pay a fee set by rule, and no cause of action exists for a use occurring before registration; claims registered under the subdivision are public records posted on the secretary of state's website.",
      "body": "Under CVR § 50-f(7), a person claiming to be a successor in interest to a deceased personality's publicity rights (or a licensee) must register the claim with the secretary of state on a prescribed form and pay a fee set by rule, and no cause of action exists for a use occurring before registration; claims registered under the subdivision are public records posted on the secretary of state's website.\n\nWhat New York State Senate - Open Legislation actually says:\n\n“a. Any person claiming to be a successor in interest to the rights of a deceased personality under this section or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a fee, which the secretary of state shall set by rule. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed. A successor in interest to the rights of a deceased personality under this section or a licensee thereof shall not have a cause of action for a use prohibited by this section that occurs before the successor in interest or licensee registers a claim of the rights.”\n\nNote: Subdivision 7(c) of the same page states 'Claims registered under this subdivision shall be public records.' The registry being public matters to a creator weighing anonymity: a successor publicity claim is not confidential.",
      "source_type": "official",
      "source_link": "https://www.nysenate.gov/legislation/laws/CVR/50-F",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "New York State Senate - Open Legislation",
      "evidence_quote": "a. Any person claiming to be a successor in interest to the rights of a deceased personality under this section or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a fee, which the secretary of state shall set by rule. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed. A successor in interest to the rights of a deceased personality under this section or a licensee thereof shall not have a cause of action for a use prohibited by this section that occurs before the successor in interest or licensee registers a claim of the rights.",
      "volatility": "low",
      "from_batch": "181-new-york-privacy-and-image-law-for-creators",
      "subject": "New York Civil Rights Law § 50-f",
      "topic": "Right of publicity - successor registration required before suing; registry is public",
      "applies_to_country": "us",
      "applies_to_scope": "New York State",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-ny"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.privacy"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ny"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}
