S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   256

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. MAZIARZ, ALESI, FLANAGAN, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN ACT to amend the penal law, in relation to the crime of surreptitious
  surveillance, a class B misdemeanor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 250.40 of the penal law, as added by chapter 69  of
the laws of 2003 and subdivision 2 as amended by chapter 291 of the laws
of 2007, is amended to read as follows:
S 250.40 Unlawful surveillance; definitions.
  The  following  definitions  shall  apply  to sections 250.45, 250.50,
250.55 [and], 250.60 AND 250.70 of this article:
  1. "Place and time when a  person  has  a  reasonable  expectation  of
privacy"  means  a place and time when a reasonable person would believe
that he or she could fully disrobe in privacy.
  2. "Imaging device" means any mechanical, digital or electronic  view-
ing  device,  camera,  cellular phone or any other instrument capable of
recording, storing or transmitting visual images that can be utilized to
observe a person.
  3. "Sexual or other intimate parts" means the  human  male  or  female
genitals,  pubic area or buttocks, or the female breast below the top of
the nipple, and shall include such part or parts which are covered  only
by an undergarment.
  4.  "Broadcast"  means electronically transmitting a visual image with
the intent that it be viewed by a person.
  5. "Disseminate" means to give, provide, lend,  deliver,  mail,  send,
forward,  transfer  or  transmit, electronically or otherwise to another
person.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01645-01-1
              

S. 256                              2

  6. "Publish" means to (a) disseminate, as defined in subdivision  five
of  this  section,  with the intent that such image or images be dissem-
inated to ten or more persons; or (b) disseminate with the  intent  that
such  images  be  sold by another person; or (c) post, present, display,
exhibit,  circulate,  advertise or [allows] ALLOW access, electronically
or otherwise, so as to make an image or images available to the  public;
or  (d)  disseminate  with the intent that an image or images be posted,
presented, displayed, exhibited, circulated, advertised or made accessi-
ble,   electronically or otherwise and to  make  such  image  or  images
available to the public.
  7. "Sell" means to disseminate to another person, as defined in subdi-
vision  five  of  this section, or to publish, as defined in subdivision
six of this section, in exchange for something of value.
  S 2. The penal law is amended by adding a new section 250.70  to  read
as follows:
S 250.70 SURREPTITIOUS SURVEILLANCE.
  1.  A PERSON IS GUILTY OF SURREPTITIOUS SURVEILLANCE WHEN SUCH PERSON,
FOR PURPOSES OF HIS OR HER OWN AMUSEMENT OR  ENTERTAINMENT  OR  FOR  THE
PURPOSE  OF  DEGRADING  OR ABUSING ANOTHER PERSON, OR FOR HIS OR HER OWN
SEXUAL AROUSAL OR SEXUAL GRATIFICATION, OR  FOR  NO  LEGITIMATE  PURPOSE
INTENTIONALLY  AND  SURREPTITIOUSLY  OBSERVES  BY  MEANS  OF  HIS OR HER
UNAIDED EYES, OR BY MEANS OF AN IMAGING DEVICE,  A  PERSON  DRESSING  OR
UNDRESSING  OR THE SEXUAL OR OTHER INTIMATE PARTS OF SUCH PERSON WITHOUT
SUCH PERSON'S KNOWLEDGE OR CONSENT AND AT A PLACE  AND  TIME  WHEN  SUCH
PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.
  2.  FOR  THE  PURPOSES  OF THIS SECTION, WHEN A PERSON SURREPTITIOUSLY
OBSERVES BY MEANS OF HIS OR HER 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 REBUTTABLE PRESUMPTION
THAT SUCH PERSON DID SO FOR NO LEGITIMATE PURPOSE.
  SURREPTITIOUS SURVEILLANCE IS A CLASS B MISDEMEANOR.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.