S T A T E O F N E W Y O R K
________________________________________________________________________
10505
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. PAULIN -- read once and referred 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 OF SUCH PERSON IN THE SAME IMAGE TOGETHER 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 OF SUCH OTHER PERSON IN THE
SAME IMAGE TOGETHER 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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14950-01-2
A. 10505 2
(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 OF SUCH OTHER PERSON IN THE SAME IMAGE TOGETHER
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, OR OF ANOTHER PERSON IN THE SAME
IMAGE TOGETHER WITH THE SEXUAL OR OTHER INTIMATE PARTS OF ANY OTHER
PERSON were obtained and such unlawful conduct would satisfy the essen-
tial 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 SUCH OTHER PERSON IN THE SAME IMAGE TOGETHER WITH THE
SEXUAL OR OTHER INTIMATE PARTS OF ANY OTHER PERSON 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
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.