Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
Senate Bill S6228
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S6228 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §250.42, Pen L
2013-S6228 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6228 TITLE OF BILL: An act to amend the penal law, in relation to unlawful surveillance PURPOSE: To establish the crime of unlawful surveillance in the third degree. SUMMARY OF PROVISIONS: Section 1 amends the Penal Law by adding a new section 250.42. Section 250.42 establishes the crime of unlawful surveillance in the third degree. Subdivision 1 provides that an adult is guilty of unlawful surveillance in the third degree when such adult uses an imaging device to view, broadcast or record a child under the age of twelve, without the knowledge or consent of the child's parent or guardian, and when such adult does so with the criminal intent of using and disseminating such material for an unlawful purpose. Subdivision 2 provides that section 250.42 does not apply to an imaging device that captures images or videos incidentally or as a result of lawful recording which does not have the child as the intended subject. Subdivision 2 also provides that section 250.42 does not apply to an image, video or recording that is lawfully captured by a security camera. Unlawful surveillance in the third degree is a class A misdemeanor.
2013-S6228 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6228 I N S E N A T E (PREFILED) January 8, 2014 ___________ Introduced by Sen. RITCHIE -- 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 250.42 to read as follows: S 250.42 UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE. 1. ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER IS GUILTY OF UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE WHEN SUCH PERSON: (A) USES AN IMAGING DEVICE TO VIEW, BROADCAST OR RECORD A CHILD UNDER THE AGE OF TWELVE, WITHOUT THE KNOWLEDGE OR CONSENT OF A PARENT OR GUAR- DIAN; AND (B) DOES SO WITH CRIMINAL INTENT OF USING AND DISSEMINATING MATERIAL AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, FOR AN UNLAWFUL PURPOSE. 2. THIS SECTION SHALL NOT APPLY TO: (A) AN IMAGING DEVICE USED TO CAPTURE IMAGINES OR VIDEOS INCIDENTALLY AS A RESULT OF LAWFUL RECORDING AND DOES NOT HAVE THE CHILD AS THE INTENDED SUBJECT; OR (B) AN IMAGE, VIDEO OR RECORDING THAT IS LAWFULLY CAPTURED BY A SECU- RITY CAMERA. UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR. S 2. This act shall take effect on the one hundred twentieth day after it shall have become law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13272-01-3
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