S T A T E O F N E W Y O R K
________________________________________________________________________
750
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, CROUCH, ERRIGO, WALKER, TEDISCO,
FITZPATRICK -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES,
BARCLAY, BARRA, BURLING, CONTE, GIGLIO, MILLER, OAKS, O'MARA, QUINN,
RABBITT, RAIA, SAYWARD, SCOZZAFAVA, SPANO, THIELE -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law and the correction law, in relation to
establishing the crimes of unlawful intentional viewing in the third,
second and first degrees
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 four new sections
250.70, 250.75, 250.80 and 250.85 to read as follows:
S 250.70 UNLAWFUL INTENTIONAL VIEWING IN THE THIRD DEGREE.
A PERSON IS GUILTY OF UNLAWFUL INTENTIONAL VIEWING IN THE THIRD DEGREE
WHEN, FOR HIS OR HER OWN SEXUAL AROUSAL AND SEXUAL GRATIFICATION, HE OR
SHE INTENTIONALLY VIEWS A PERSON DRESSING OR UNDRESSING OR VIEWS THE
SEXUAL OR OTHER INTIMATE PARTS OF A PERSON AT A PLACE, INCLUDING BUT NOT
LIMITED TO THAT PERSON'S DWELLING, AND AT A TIME WHEN SUCH PERSON HAS A
REASONABLE EXPECTATION OF PRIVACY, AND THE VIEWING IS WITHOUT SUCH
PERSON'S KNOWLEDGE OR CONSENT. FOR THE PURPOSE OF THIS SECTION, "SEXUAL
OR OTHER INTIMATE PARTS" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SECTION 250.40 OF THIS ARTICLE.
UNLAWFUL INTENTIONAL VIEWING IN THE THIRD DEGREE IS A CLASS B MISDE-
MEANOR.
S 250.75 UNLAWFUL INTENTIONAL VIEWING IN THE SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL INTENTIONAL VIEWING IN THE SECOND
DEGREE WHEN, FOR HIS OR HER OWN SEXUAL AROUSAL OR SEXUAL GRATIFICATION,
HE OR SHE INTENTIONALLY VIEWS A PERSON DRESSING OR UNDRESSING OR VIEWS
THE SEXUAL OR OTHER INTIMATE PARTS OF A PERSON AT A PLACE, INCLUDING BUT
NOT LIMITED TO THAT PERSON'S DWELLING, AND AT A TIME WHEN SUCH PERSON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01471-01-9
A. 750 2
HAS A REASONABLE EXPECTATION OF PRIVACY, AND THE VIEWING IS WITHOUT SUCH
PERSON'S KNOWLEDGE OR CONSENT, AND THE PERPETRATOR HAS PREVIOUSLY BEEN
CONVICTED OF UNLAWFUL INTENTIONAL VIEWING IN THE THIRD DEGREE WITHIN THE
PRIOR EIGHTEEN MONTHS. FOR THE PURPOSE OF THIS SECTION, "SEXUAL OR OTHER
INTIMATE PARTS" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
250.40 OF THIS ARTICLE.
UNLAWFUL INTENTIONAL VIEWING IN THE SECOND DEGREE IS A CLASS A MISDE-
MEANOR.
S 250.80 UNLAWFUL INTENTIONAL VIEWING IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL INTENTIONAL VIEWING IN THE FIRST DEGREE
WHEN, FOR HIS OR HER OWN SEXUAL AROUSAL OR SEXUAL GRATIFICATION, HE OR
SHE INTENTIONALLY VIEWS A PERSON DRESSING OR UNDRESSING OR VIEWS THE
SEXUAL OR OTHER INTIMATE PARTS OF A PERSON AT A PLACE, INCLUDING BUT NOT
LIMITED TO THAT PERSON'S DWELLING, AND AT A TIME WHEN SUCH PERSON HAS A
REASONABLE EXPECTATION OF PRIVACY, AND THE VIEWING IS WITHOUT SUCH
PERSON'S KNOWLEDGE OR CONSENT, AND THE PERPETRATOR HAS PREVIOUSLY BEEN
CONVICTED OF UNLAWFUL INTENTIONAL VIEWING IN THE SECOND DEGREE WITHIN
THE PRIOR EIGHTEEN MONTHS. FOR THE PURPOSE OF THIS SECTION, "SEXUAL OR
OTHER INTIMATE PARTS" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
250.40 OF THIS ARTICLE.
UNLAWFUL INTENTIONAL VIEWING IN THE FIRST DEGREE IS A CLASS E FELONY.
S 250.85 MANDATORY PSYCHOLOGICAL EVALUATION; UNLAWFUL INTENTIONAL VIEW-
ING.
WHEN A PERSON IS TO BE SENTENCED UPON A CONVICTION OF THE CRIME OF
UNLAWFUL INTENTIONAL VIEWING IN THE THIRD DEGREE AS DEFINED IN SECTION
250.70 OF THIS ARTICLE, UNLAWFUL INTENTIONAL VIEWING IN THE SECOND
DEGREE AS DEFINED IN SECTION 250.75 OF THIS ARTICLE OR UNLAWFUL INTEN-
TIONAL VIEWING IN THE FIRST DEGREE AS DEFINED IN SECTION 250.80 OF THIS
ARTICLE, THE COURT SHALL ORDER THE DEFENDANT TO UNDERGO A MANDATORY
PSYCHOLOGICAL EVALUATION PRIOR TO SENTENCING.
S 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of
the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 250.80, 255.25, 255.26 and 255.27 or
article two hundred sixty-three of the penal law, or section 135.05,
135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
provided the victim of such kidnapping or related offense is less than
seventeen years old and the offender is not the parent of the victim, or
section 230.04, where the person patronized is in fact less than seven-
teen years of age, 230.05 or 230.06, or subdivision two of section
230.30, or section 230.32 or 230.33 of the penal law, or
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.