Digital Sexual Offenses

Common types of digital sexual materials considered unlawful in New York include:

• Secretly Recorded Videos: Content taken with hidden cameras (e.g., glasses with built-in lenses) where the subject has an expectation of privacy and did not consent to the recording.
• AI-Generated Pornography: Synthetic content, often called "deepfakes," that superimpose someone’s face onto explicit content without their permission.
• Illicit Content Involving Minors: Sexual content involving minors obtained through coercion, deception, or other unlawful means is a severe form of these Cyber Sexual Crime Statutes.
• Intimate Images Without Consent: Personal images or videos distributed without the subject’s explicit permission, regardless of how the content was initially created.

Unlawful surveillance, covered under Penal Law §250.45, criminalizes recording or photographing a person’s private parts or sexual activity without their knowledge or consent. This offense often occurs in places like bathrooms, dressing rooms, or hotels, where there is a reasonable expectation of privacy, and it is typically prosecuted as a Class E felony. Furthermore, repeated or pervasive acts of surveillance can lead to even more severe charges under the current Cyber Sexual Crime Statutes.

Distributing sexual images without the depicted person’s explicit permission—even if the content was recorded consensually—violates Penal Law §245.15. In New York, this act is specifically known as unlawful dissemination of an intimate image and is classified as a Class A misdemeanor. This law directly addresses the harm of "revenge porn" and holds individuals accountable for sharing private images.

Threatening to distribute intimate content to force a victim into compliance—whether financial, sexual, or emotional—is typically prosecuted under Penal Law §135.60 (coercion) or §155.30(6) (grand larceny by extortion), depending on the nature and scope of the threat. These are often felony-level crimes, especially when repeated, part of a larger scheme, or involving minors, demonstrating the serious nature of these Digital Sexual Offense Types.

Knowingly downloading, possessing, or viewing child sexual abuse material (CSAM) or non-consensually recorded sexual content is illegal under Penal Law §§263.15–263.16. Even passive consumption may lead to felony charges if criminal intent is proven, as New York aims to eliminate the demand for such illegal digital sexual offenses materials. Law enforcement uses digital forensic tools to identify and prosecute offenders.

The table below summarizes the typical penalties for the various Cyber Sexual Crime Statutes under relevant New York statutes:

Judges in New York consider multiple factors in sentencing, including the age of the victim, the intent behind the recording or distribution, whether the act was committed for financial gain, and any prior criminal history of the defendant. Mitigating factors such as demonstrated remorse, cooperation with authorities, or completion of treatment programs may result in reduced sentencing or alternative penalties like probation or counseling requirements.

Law enforcement often conducts extensive digital forensic analysis, including phone and computer searches, as part of an investigation into Digital Sexual Offense Types. A skilled defense attorney helps ensure constitutional rights are protected during these procedures and may challenge unlawfully obtained evidence or improperly executed warrants. If charges proceed to court, defense counsel may present alternative explanations, dispute the integrity of the digital evidence, or question whether the accused knowingly possessed the content, particularly in complex cases involving deepfakes or ambiguous intent.