senate Bill S256

2011-2012 Legislative Session

Defines the crime of surreptitious surveillance; rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.


view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 15, 2012 advanced to third reading
Mar 14, 2012 2nd report cal.
Mar 13, 2012 1st report cal.335
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 14, 2011 referred to codes
delivered to assembly
passed senate
Feb 01, 2011 advanced to third reading
Jan 31, 2011 2nd report cal.
Jan 25, 2011 1st report cal.19
Jan 05, 2011 referred to codes


view additional co-sponsors

S256 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §250.40, add §250.70, Pen L
Versions Introduced in 2009-2010 Legislative Session:

S256 - Summary

Defines the crime of surreptitious surveillance, a class B misdemeanor, when a person, for purposes of his or her own amusement, or for the purpose of degrading another person, or for his or her own sexual arousal, or for no legitimate purpose, surreptitiously observes by means of the unaided eye or an imaging device, intimate parts of an other person without that person's consent and at a place and time when such other person has a reasonable expectation of privacy; includes a rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose; makes such offense a class B misdemeanor.

S256 - Sponsor Memo

S256 - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E


                             January 5, 2011

Introduced  by  Sens. MAZIARZ, ALESI, FLANAGAN, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on

AN ACT to amend the penal law, in relation to the crime of surreptitious
  surveillance, a class B misdemeanor


  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

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


Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.