Bill S5041 Defines Victim of Sexual Offense
Summary
New York State Senate Bill S5041 proposes to amend Executive Law Section 108 to expand the definition of a victim of a sexual offense. The bill specifically includes victims of the unlawful dissemination or publication of an intimate image within this definition. This change aims to provide broader legal protections for individuals subjected to such offenses.
What changed
New York State Senate Bill S5041 (2025-2026 Legislative Session) seeks to amend Executive Law § 108 to broaden the definition of a victim of a sexual offense. The proposed amendment explicitly includes individuals who are victims of the unlawful dissemination or publication of an intimate image. This legislative action is currently in the draft stage, having passed the Senate and is moving through the legislative process.
This bill will have significant implications for criminal justice proceedings and victim support services in New York. Compliance officers and legal professionals should monitor the bill's progress and understand how this expanded definition may affect reporting, prosecution, and victim advocacy related to non-consensual image sharing. While no specific compliance deadline or penalty information is detailed in this summary, the bill's passage into law would necessitate updates to legal definitions and potentially impact related privacy and digital conduct regulations.
What to do next
- Monitor the legislative progress of Bill S5041.
- Review existing policies and procedures related to sexual offense definitions and victim support in light of potential changes.
- Consult legal counsel for interpretation and guidance once the bill is enacted.
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Senate
Bill
S5041
2025-2026 Legislative Session Relates to defining a victim of a sexual offense
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Sponsored By
Luis R. Sepúlveda
(D) 32nd Senate District
Current
Bill Status
Via
A6338
- Passed Senate
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co-Sponsors
Brad Hoylman-Sigal
(D, WF) Senate District
Dean Murray
(R, C) 3rd Senate District
Steven D. Rhoads
(R, C) 5th Senate District
Lea Webb
(D, WF) 52nd Senate District
2025-S5041
(ACTIVE)
- Details
See Assembly Version of this Bill: A6338 Law Section: Executive Law Laws Affected: Amd §108, Exec L Versions Introduced in Other Legislative Sessions: 2019-2020: S7728, A10969
2021-2022: S2789, A7845
2023-2024: S3236, A1068
2025-S5041
(ACTIVE)
- Summary
Adds to the definition of a victim of a sexual offense by including a victim of unlawful dissemination or publication of an intimate image.
2025-S5041
(ACTIVE)
- Sponsor Memo
BILL NUMBER: S5041
SPONSOR: SEPULVEDA
TITLE OF BILL:
An act to amend the executive law, in relation to defining a victim of a
sexual offense
PURPOSE:
To amend the definition of "victims of a sexual offense" to include
victims of revenge porn.
SUMMARY OF PROVISIONS:
Section 1 amends the definition of a "victim of a sexual offense" to
mean a victim of any act constitution an offense as defined under arti-
cle one hundred thirty, and/or sections 245.15, 255.25. 255.26, and
255.27 of penal law, including threats or attempts to commit such
offenses.
Section 2 provides an effective date.
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(33
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2025-S5041
(ACTIVE)
- Bill Text [download pdf](https://legislation.nysenate.gov/pdf/bills/2025/s5041)
S T A T E O F N E W Y O R K
5041
2025-2026 Regular Sessions
I N S E N A T E
February 18, 2025
___________
Introduced by Sens. SEPULVEDA, HOYLMAN-SIGAL, WEBB -- read twice and
ordered printed, and when printed to be committed to the Committee on
Codes
AN ACT to amend the executive law, in relation to defining a victim of a
sexual offense
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (i) of subdivision 1 of section 108 of the execu-
tive law, as added by chapter 141 of the laws of 2019, is amended to
read as follows:
(i) "Victim of a sexual offense" means a victim of any act constitut-
ing an offense as defined under article one hundred thirty, and/or
sections 245.15, 255.25, 255.26, and 255.27 of the penal law, including
threats or attempts to commit such offenses.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06034-01-5
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