Senate Bill S1405

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

                                  1405

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 29, 2009
                               ___________

Introduced  by  Sens.  MAZIARZ,  ALESI, FLANAGAN, LARKIN, VOLKER -- 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.
  6. "Publish" means to (a) disseminate, as defined in subdivision  five
of  this  section,  with the intent that such image or images be dissem-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01240-01-9
              

S. 1405                             2

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.