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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 256 2
6. "Publish" means to (a) disseminate, as defined in subdivision five
of this section, with the intent that such image or images be dissem-
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
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.