Position Statement – 2025

S.3202 (Fernandez)/A.8449 (Levenberg)

Support

The Women’s Bar Association of the State of New York (“WBASNY”) supports S.3202 (Fernandez)/A.8449 (Levenberg), the Digital Alterations Protection Act, legislation establishing new crimes to address the threat of digitized sexually explicit material that is created and shared to circumvent child sex abuse material laws.

The Digital Alterations Protection Act (“DAPA”) aims to amend the Penal Law, the Criminal Procedure Law, and the Correction Law in relation to establishing the crimes of Unlawful Distribution of a Sexually Explicit Depiction of a Child in the First and Second degrees, Unlawful Access of a Sexually Explicit Depiction of a Child and amends Unlawful Dissemination or Publication of an Intimate Image (Penal Law §245.15) to add two intent elements not previously considered and requires an actor’s knowledge (or presumed knowledge) of the image or video’s creation.

WBASNY’s mission includes protecting our most vulnerable population, our children. To that end, this bill will safeguard the physical, psychological, and reputational well-being of minors in New York State. With the increasing use of artificial intelligence, individuals can create incredibly detailed images and videos that are indistinguishable from real life. Referred to as “deepfakes,” these are audio and visual material convincingly altered and manipulated to misrepresent individuals as saying or doing something they have not actually said or done. Sexually explicit deepfakes can destroy reputations, educational and/or employment opportunities, and personal relationships and invite unwanted requests for sexual services. There is no limit to the number of sexual deepfakes of a child that a pornographer can generate.

Whereas the current statute, Unlawful Dissemination or Publication of an Intimate Image (Penal Law §245.15), commonly referred to as the “revenge-porn” statute, prohibits the sharing of sexual deepfakes of all individuals, including children, it fails to protect children adequately – a uniquely vulnerable and defenseless population – who need greater protection. Therefore, individuals can produce these deepfakes without fear of criminal prosecution, as no law exists directly on point to address this. This legislation fills that opening.

The Digital Alterations Protection Act protects New York’s children from sexual deepfakes by creating bail-eligible felony offenses with enhanced punishments. It requires those convicted to register as a sex offender, which comes with increased monitoring that can aid in preventing recidivism. The passage of DAPA will protect the growing number of victims, including women and children, from severe reputational, emotional, and financial harm caused by this horrific conduct.

WBASNY supports S.3202 (Fernandez)/A.8449 (Levenberg)