senate Bill S1982

Signed by Governor Amended

Relates to unlawful surveillance

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 20 / May / 2013
    • 1ST REPORT CAL.631
  • 21 / May / 2013
    • 2ND REPORT CAL.
  • 22 / May / 2013
    • ADVANCED TO THIRD READING
  • 23 / May / 2013
    • PASSED SENATE
  • 23 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 21 / Feb / 2014
    • AMEND AND RECOMMIT TO CODES
  • 21 / Feb / 2014
    • PRINT NUMBER 1982A
  • 13 / May / 2014
    • 1ST REPORT CAL.750
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • AMENDED (T) 1982B
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 1982C
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO CODES
  • 17 / Jun / 2014
    • SUBSTITUTED FOR A2053C
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.793
  • 17 / Jun / 2014
    • PASSED ASSEMBLY
  • 17 / Jun / 2014
    • RETURNED TO SENATE
  • 31 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2014
    • SIGNED CHAP.193

Summary

Relates to unlawful surveillance in the second degree and dissemination of an unlawful surveillance image in the first and second degrees.

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Bill Details

Versions:
S1982
S1982A
S1982B
S1982C
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd ยงยง250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6746A

Sponsor Memo

BILL NUMBER:S1982

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance in the first and second degrees

PURPOSE: This bill will close a loophole in the penal law to ensure
that people who have had their image broadcasted without their consent
will have a course of action under the law.

SUMMARY OF PROVISIONS:

Section 1. Amends section 250.45 of the penal law to expand the law to
provide that a person can be charged with unlawful surveillance in the
second degree if an individual uses a device to view, broadcast or
record a person in the same image together with the sexual or other
intimate parts of any other person.

Section 2. Amends section 250.55 of the penal law to delete unnecessary
language in the existing law as it is already encompassed in the
elements of the crime of unlawful surveillance..

Section 3. Amends section 250.60 to delete unnecessary language in
existing law as it is already encompassed in the elements of the crime
of unlawful surveillance.

JUSTIFICATION: Clarkstown police department found that there was a
loophole in the unlawful surveillance laws when a victim came to the
police because her image had been posted on the internet without her
permission. The image showed the victim and the sexual parts of another
person. Even though the image was broadcasted without her consent the
police could not press charges because the victim's sexual or intimate
parts were not exposed in the picture and therefore did not fall under
the definition of the law. Due to this unfortunate loophole in the law
the police's hands were tied. Working with the local District Attorney's
office the language of this bill was developed. This bill provides that
a person could be charged if they disseminate an image of an individual
in the same image as any other person's sexual or intimate parts. This
expansion of the law will ensure that police officers will be able to
bring charges in cases, such as the one that occurred in Rockland Coun-
ty, where a person's privacy had been invaded and their image broad-
casted without their permission.

LEGISLATIVE HISTORY: 2011-12 - S.6746-A - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Takes effect on the first of November next succeeding
the date on which it becomes law.

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

                                  1982

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 unlawful  surveillance  in
  the first and second degrees

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

  Section 1. Section 250.45 of the penal law, as added by chapter 69  of
the  laws  of 2003, subdivisions 1, 2 and 3 as amended by chapter 157 of
the laws of 2003, is amended to read as follows:
S 250.45 Unlawful surveillance in the second degree.
  A person is guilty of unlawful surveillance in the second degree when:
  1. For his or her own, or another person's  amusement,  entertainment,
or  profit,  or  for the purpose of degrading or abusing a person, he or
she intentionally uses  or  installs,  or  permits  the  utilization  or
installation  of an imaging device to surreptitiously view, broadcast or
record a person dressing or undressing or the sexual or  other  intimate
parts of such person, OR SUCH PERSON TOGETHER IN THE SAME IMAGE WITH THE
SEXUAL  OR  OTHER INTIMATE PARTS OF ANY OTHER PERSON at a place and time
when such person has a reasonable expectation of privacy,  without  such
person's knowledge or consent; or
  2.  For  his  or her own, or another person's sexual arousal or sexual
gratification, he or she intentionally uses or installs, or permits  the
utilization  or  installation  of  an  imaging device to surreptitiously
view, broadcast or record a person dressing or undressing or the  sexual
or  other  intimate parts of such person, OR SUCH PERSON TOGETHER IN THE
SAME IMAGE WITH THE SEXUAL OR OTHER INTIMATE PARTS OF ANY  OTHER  PERSON
at  a  place  and  time when such person has a reasonable expectation of
privacy, without such person's knowledge or consent; or
  3. (a) For no legitimate purpose, he  or  she  intentionally  uses  or
installs,  or  permits  the  utilization  or  installation of an imaging

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05070-01-3

S. 1982                             2

device to surreptitiously view,  broadcast  or  record  a  person  in  a
bedroom,  changing room, fitting room, restroom, toilet, bathroom, wash-
room, shower or any room assigned to guests or patrons in a motel, hotel
or inn, without such person's knowledge or consent.
  (b)  For  the  purposes  of  this  subdivision,  when a person uses or
installs, or permits the  utilization  or  installation  of  an  imaging
device  in  a  bedroom,  changing  room, fitting room, restroom, toilet,
bathroom, washroom, shower or any room assigned to guests or patrons  in
a  hotel,  motel  or  inn,  there  is a rebuttable presumption that such
person did so for no legitimate purpose; or
  4. Without the knowledge or consent of a  person,  he  or  she  inten-
tionally uses or installs, or permits the utilization or installation of
an  imaging  device  to surreptitiously view, broadcast or record, under
the clothing being worn by such person, the  sexual  or  other  intimate
parts of such person, OR SUCH PERSON TOGETHER IN THE SAME IMAGE WITH THE
SEXUAL OR OTHER INTIMATE PARTS OF ANY OTHER PERSON.
  Unlawful surveillance in the second degree is a class E felony.
  S  2.  Section  250.55 of the penal law, as added by chapter 69 of the
laws of 2003, is amended to read as follows:
S 250.55 Dissemination of an unlawful surveillance image in  the  second
           degree.
  A  person is guilty of dissemination of an unlawful surveillance image
in the second degree when he or she,  with  knowledge  of  the  unlawful
conduct  by  which  an  image or images [of the sexual or other intimate
parts] of another person or persons  were  obtained  and  such  unlawful
conduct  would  satisfy  the essential elements of the crime of unlawful
surveillance in the first or second degree,  intentionally  disseminates
such image or images.
  Dissemination  of  an unlawful surveillance image in the second degree
is a class A misdemeanor.
  S 3. Section 250.60 of the penal law, as added by chapter  69  of  the
laws of 2003, subdivisions 1 and 2 as amended by chapter 157 of the laws
of 2003, is amended to read as follows:
S 250.60 Dissemination  of  an  unlawful surveillance image in the first
           degree.
  A person is guilty of dissemination of an unlawful surveillance  image
in the first degree when:
  1. He or she, with knowledge of the unlawful conduct by which an image
or  images  [of the sexual or other intimate parts] of another person or
persons were obtained and such unlawful conduct would satisfy the essen-
tial elements of the crime of unlawful  surveillance  in  the  first  or
second degree, sells or publishes such image or images; or
  2.  Having created a surveillance image in violation of section 250.45
or 250.50 of this article, or in violation  of  the  law  in  any  other
jurisdiction which includes all of the essential elements of either such
crime,  or  having acted as an accomplice to such crime, or acting as an
agent to the person who committed such crime, he  or  she  intentionally
disseminates such unlawfully created image; or
  3.  He  or  she  commits  the  crime  of  dissemination of an unlawful
surveillance  image  in  the  second  degree  and  has  been  previously
convicted  within  the  past  ten  years of dissemination of an unlawful
surveillance image in the first or second degree.
  Dissemination of an unlawful surveillance image in the first degree is
a class E felony.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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