Establishes the Crime of Aggravated Harassment by Electronic or Digital Communication and Provides a Private Right of Action for Unlawful Dissemination of Deepfakes
New York · S 6278, New York Legislature, 2025-2026 Session
Would create the new crime of aggravated harassment by electronic or digital communication when a person disseminates a deepfake—a digitally altered image incorporating someone's face or body onto pornographic or lewd content—without consent. Would also establish a private right of action for victims to sue for damages. Assembly companion bill is A 6293.
Technical detail
Creates Class A misdemeanor for aggravated harassment via deepfake dissemination in pornographic or violent contexts; private civil right of action for unlawful deepfake dissemination.
Who is protected: Individuals whose likeness is non-consensually used in sexually explicit or violently depicted deepfakes
Who must comply: Individuals who create or disseminate intimate or violent deepfakes without consent
Key facts
| Jurisdiction | New York |
|---|---|
| Level | State |
| Status | Proposed / pending |
| Protection strength | Proposed or pending |
| Citation | S 6278, New York Legislature, 2025-2026 Session |
| Enforced by | New York courts; district attorneys |
| Private right of action | Yes — individuals can sue |
| Penalties | Class 1 misdemeanor; civil damages up to $10,000 per incident |
| Topics | non-consensual intimate imagery · deepfakes · AI-generated images |
| Last verified | 2026-06-11 |
| Official source | NY State Senate Bill 2025-S6278 ↗ |
More AI rules in New York
- NYDFS CL 7 (2024) — Insurance AI Anti-Discrimination · In effect
- NY Hochul EO — Statewide Data Center Moratorium (2026) · In effect
- NY Responsible Data Center Development Act (passed, awaiting Governor) · Proposed / pending
- New York Deepfake Harassment and NCII Civil Action Act (Assembly) · Proposed / pending
- NY AI Professional Impersonation Liability Bill · Proposed / pending
- NY AV testing pilot · In effect
Related non-consensual intimate imagery rules elsewhere
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- VA HB 2678 (2019, first deepfake-NCII criminal law) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
- Missouri Taylor Swift Act (SB 1117) · Expired
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