Carrie Goldberg: IT’S CLEAR: CREATING AMATEUR PORN WITHOUT A PARTICIPANT’S KNOWLEDGE IS ILLEGAL IN NY
This post is by Carrie Goldberg who is the founding attorney at C. A. Goldberg, PLLC in Brooklyn, New York focusing on litigation relating to electronic sexual privacy invasions. She is a volunteer attorney at The Cyber Civil Rights Initiative and its End Revenge Porn campaign.
Earlier this year, the New York City tabloids and “Saturday Night Live” poked fun at a story about a handsome former Wall Street financial advisor who, after being indicted for recording himself having sex without the women’s permission, blamed the taping on his hyper-vigilant “doggie cam.”
Last week the story re—emerged with an interview by two of the three 30-something year old victims complaining that they’d been wrongly portrayed by the media and the defendant’s high profile criminal team as jealous stalkers when in reality their energetic efforts to reach him was upon discovery of the videos and centered around begging him to destroy them. The humiliation sustained during the ongoing criminal process, such as being forced to view the sex videos alongside the jurists, is palpable.
Many New Yorkers may be unaware that recording yourself having sex without the other person’s knowledge constitutes a sex crime in the state (NY Penal § 250.45) and also breaches our federal video voyeurism laws (18 USCA § 1801). With the proliferation of smart phones and tablets enabling people to secretly videotape sexual encounters – including apps that allow for stealth recording – this law is increasingly violated. The harm to victims is palpable and real. It’s deeply humiliating to be turned into an object of pornography without consent.
In 2003, then-Governor George E. Pataki signed New York’s unlawful surveillance statute, known as Stephanie’s Law, making it illegal to use a device to secretly record or broadcast a person undressing or having sex when that person has a reasonable expectation of privacy. The statute is named for Stephanie Fuller, whose landlord taped her using a camera hidden in the smoke detector above her bed. Read More