Thus, this Note proposes a solution to the problem: The AntiRevenge Porn Act (ARPA). Although the Act does not expand civil remedies, the ARPA would amend the New York Penal Law Code to extend privacy protections to cover sexually explicit media that was recorded with consent, but disseminated without consent. By enacting a law that specifically addresses revenge porn, law enforcement personnel and prosecutors will be armed with a statute that makes it easier to prosecute revenge porn behavior, and thus makes it more likely to obtain convictions. Easier prosecutions will deter future conduct and victims will have the comfort of knowing that criminal prosecutions can be brought against perpetrators.
Part I of this note will discuss revenge porn generally, explaining the nature of the problem and highlighting the negative effects. Part II will discuss civil and criminal law as it exists today and how existing law is inadequate to combat revenge porn. Part III will discuss the ARPA and its specific provisions and will address any potential counterarguments against enactment of the new law. Part IV concludes by arguing that New York should enact this new legal framework to address the revenge porn.