senate Bill S1982A

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

See Assembly Version of this Bill:
A2053A
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, A10505A

Votes

16
0
16
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S1982A

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

PURPOSE:

This bill attempts to 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 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
engaged in sexual conduct without their consent.

Section 2. Amends section 250.55 of the penal law to reflect the same
changes as made in section 1 of this bill.

Section 3. Amends section 250.60 law to reflect the same changes as
made in section 1 of this bill.

Section 4. Effective date.

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 engaged in sexual contact with another but
without her sexual parts captured in the image. Even though the image
was broadcast 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 engaged in
sexual conduct regardless of whether their own sexual parts were
broadcast. 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 County, where a person's privacy had been invaded and
their image broadcasted without their permission.

LEGISLATIVE HISTORY:

2013: S 1982 - passed Senate
2011-12: S.6746-A - Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                 1982--A

                       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  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 ENGAGING IN SEXUAL CONDUCT, AS DEFINED IN SUBDI-
VISION TEN OF SECTION 130.00 OF THIS CHAPTER, 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 ENGAGING IN SEXUAL CONDUCT, AS
DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS CHAPTER, at a place

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05070-03-4

S. 1982--A                          2

and time when such person has a reasonable expectation of privacy, with-
out 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
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 A PERSON ENGAGING IN SEXUAL CONDUCT, AS DEFINED
IN SUBDIVISION TEN OF SECTION 130.00 OF THIS CHAPTER.
  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 OR OF A PERSON ENGAGING IN SEXUAL
CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF  THIS  CHAP-
TER, 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  OR OF A PERSON ENGAGING IN SEXUAL CONDUCT, AS DEFINED IN SUBDI-
VISION TEN OF SECTION 130.00 OF THIS CHAPTER,  were  obtained  and  such
unlawful  conduct  would  satisfy the essential 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

S. 1982--A                          3

  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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