senate Bill S256
(R) 0 Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Defines the crime of surreptitious surveillance, a class B misdemeanor, when a person, for purposes of his or her own amusement, or for the purpose of degrading another person, or for his or her own sexual arousal, or for no legitimate purpose, surreptitiously observes by means of the unaided eye or an imaging device, intimate parts of an other person without that person's consent and at a place and time when such other person has a reasonable expectation of privacy; includes a rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose; makes such offense a class B misdemeanor.
TITLE OF BILL:
to amend the penal law, in relation to the crime of surreptitious
surveillance, a class B misdemeanor
To provide an avenue of prosecution against individuals who, observe
others by means of unaided eyes or by means of an imaging device a
person in a bedroom, changing room, fitting room, restroom, toilet,
bathroom, washroom, shower or any room assigned to guests or patrons
in a spa, hotel, motel or inn, there is a presumption that such
person did so for no legitimate purpose.
SUMMARY OF PROVISIONS:
Defines the crime of surreptitious surveillance; rebuttable
presumption that such surveillance under certain conditions is for no
Adds section 250.70, surreptitious surveillance which states that a
person is guilty when for no legitimate purpose such person
intentionally observes an individual with unaided eyes or with an
imaging device, a person dressing or undressing or the sexual or
other intimate parts of such person without their consent or
knowledge at a place and time when that person has a reasonable
expectation of privacy. These areas include: in a bedroom, changing
room, fitting room, restroom, toilet, bathroom, washroom, shower or
any room assigned to guests or patrons in a spa;
hotel, motel or inn.
Defines surreptitious surveillance as a class B misdemeanor.
"Peeping Tom" type crimes are difficult to prosecute as there is no
particular law that covers each potential situation. An example of
this recently occurred in Niagara County where the district
attorney's office prosecuted a case, in December 2004, where the
defendant was accused of deliberately looking over the top of a
tanning bed wall at a young girl who was completely nude. He was
charged with disorderly conduct but a non jury trial found him
innocent. While the Judge found the defendant's actions
reprehensible, the prosecution did not prove that the
defendant's conduct did not create a Public disturbance. The Court of
Appeals has held that disorderly conduct must be of a public not a
private matter. The 1003 video voyeurism law "Stephanie's Law" did
not apply because no mechanical or electronic device of any kind was
used. "Stephanie's Law" also is not penal law. This bill will provide
an avenue for prosecution of these cases where an individual
watches someone for entertainment, amusement, to degrade someone or
for sexual satisfaction - for no legitimate purpose.
S.257-A of 2007/2008; Passed Senate
S.3336/A.5438 of 2005/2006; Passed Senate
S.1405 of 2009/2010; Referred to Codes
This act shall take effect on the first of November in the year it
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