Harassment

Published on: October 25, 2022

Criminal charges in New York for Revenge Porn – Penal Law 245.15

In 2019, to combat the phenomenon known as “revenge porn,” the state of New York added Penal Law Section 245.15 to its list of criminal charges. Specifically, it is now a class A misdemeanor for a person to unlawfully disseminate or publish an intimate image without the consent of the person depicted in the image. This generally prevents an ex-boyfriend from humiliating an ex-girlfriend by using intimate photos taken during the relationship and sharing them with friends or posting them to the internet. So, even though the images might have been freely given during the relationship, a person is not necessarily free to distribute or dispose of those images however they want. Of course, a person could be subject to a civil lawsuit for engaging in “revenge porn” behavior as well. Depending on the circumstances, other charges might also be brought against an alleged “revenge porn” offender, including extortion, aggravated harassment, stalking, or unlawful surveillance.

The criminal charge states:

1. A person is guilty of unlawful dissemination or publication of an intimate image when: (a) with intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes a still or video image of such other person, who is identifiable from the still or video image itself or from information displayed in connection with the still or video image, without such other person’s consent, which depicts: (i) an unclothed or exposed intimate part of such other person; or (ii) such other person engaging in sexual conduct as defined in subdivision ten of section 130.00 of this chapter with another person; and (b) such still or video image was taken under circumstances when the person depicted had a reasonable expectation that the image would remain private and the actor knew or reasonably should have known the person depicted intended for the still or video image to remain private, regardless of whether the actor was present when the still or video image was taken.

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Published on: June 21, 2017

Defending against sexual assault and harassment claims at the workplace

By Matthew J. Galluzzo

A significant percentage of police reports and lawsuits alleging sexual abuse involve people accusing co-workers of having committed the offense. However, unlike complaints involving sexual abuse allegedly committed by strangers or acqutainances, these sorts of matters tend to take a more circuitous route through the court system (if they even arrive there at all). Individuals accused of sexually assault or harassing co-workers face a host of complicated issues, and need experienced attorneys wholly devoted to defending their interests and future.

Thorough investigation of these cases is the key to success. Individuals that allege that they have been assaulted or harassed by co-workers frequently (perhaps, typically) report the incident to management before they contact the police or plaintiffs’ attorneys. One of the keys to defeating these allegations is by highlighting the inconsistencies in the reports. Accordingly, determining what exactly the accuser said to management – as well as to other co-workers – about the alleged incident can be crucial to undercutting the allegations later brought in a police complaint or lawsuit. Significant inconsistencies can be devastating to the complaining witness’ credibility and must be uncovered as soon as possible.

Plaintiffs also oftentimes threaten to file police reports unless their civil settlement demands are met by the accused individuals or their employers. A skillful and trusted advocate may be able to pre-emptively undermine the credibility of such a plaintiff by communicating with the prosecutor after the criminal complaint has been made but before an arrest has been authorized. Matthew Galluzzo is a former Manhattan sex crimes prosecutor and understands some of the concerns and reservations that prosecutors sometimes have about civil plaintiffs in this arena, and has the respect of many prosecutors specializing in this area of investigation.

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Published on: December 18, 2013

Charges dismissed for banking associate

By Matthew J. Galluzzo

Our client – an associate at one of the world's leading investment banks – was arrested for disorderly conduct and allegedly resisting arrest outside of a nightclub in Manhattan. We advised him on how to report this incident to his employer and what his possible FINRA consequences were as a result of this arrest. Ultimately, though, we were able to obtain a total dismissal of these charges for him, and he has had no career consequences as a result of this arrest.

If you are a FINRA-licensed professional facing a criminal case, you should strongly consider contacting the experienced criminal defense and FINRA litigators at the Law Office of Matthew Galluzzo. Their unique background allows them to give expert advice to financial professionals facing serious professional consequences as a result of an arrest.