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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

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2011-S256 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §250.40, add §250.70, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1405

2011-S256 (ACTIVE) - 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.

2011-S256 (ACTIVE) - Sponsor Memo

2011-S256 (ACTIVE) - Bill Text download pdf 

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

                                   256

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             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
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01645-01-1

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