Senate Bill S1982

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

                                 1982--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 ENGAGING IN SEXUAL CONDUCT, AS DEFINED IN SUBDI-
VISION TEN OF SECTION 130.00 OF THIS CHAPTER, 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 ENGAGING IN SEXUAL CONDUCT, AS
DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS CHAPTER, at a place

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05070-03-4
              

S. 1982--A                          2

and time when such person has a reasonable expectation of privacy, with-
out 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.
  (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 A PERSON ENGAGING IN SEXUAL CONDUCT, AS DEFINED
IN SUBDIVISION TEN OF SECTION 130.00 OF THIS CHAPTER.
  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 A PERSON ENGAGING IN SEXUAL
CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF  THIS  CHAP-
TER, were obtained and such unlawful conduct would satisfy the essential
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 A PERSON ENGAGING IN SEXUAL CONDUCT, AS DEFINED IN SUBDI-
VISION TEN OF SECTION 130.00 OF THIS CHAPTER,  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

S. 1982--A                          3

  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.

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

                                 1982--B
    Cal. No. 750

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee, ordered to first and second report,  amended  on  second  report,
  ordered  to a third reading, and to be reprinted as amended, retaining
  its place in the order of third reading

AN ACT to amend the penal law, in relation to unlawful surveillance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 4 of section 250.45 of the penal law, as added
by chapter 69 of the laws of 2003, is amended and a new subdivision 5 is
added to read as follows:
  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
  5.  FOR  HIS  OR  HER  OWN,  OR ANOTHER INDIVIDUAL'S AMUSEMENT, ENTER-
TAINMENT, PROFIT, SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE PURPOSE OF
DEGRADING OR ABUSING A PERSON, THE ACTOR INTENTIONALLY USES OR  INSTALLS
OR  PERMITS  THE  UTILIZATION  OR  INSTALLATION  OF AN IMAGING DEVICE TO
SURREPTITIOUSLY VIEW, BROADCAST, OR RECORD SUCH PERSON IN  AN  IDENTIFI-
ABLE MANNER:
  (A)  ENGAGING  IN  SEXUAL  CONTACT,  AS  DEFINED IN SUBDIVISION TEN OF
SECTION 130.00 OF THIS PART;
  (B) IN THE SAME IMAGE WITH THE SEXUAL OR INTIMATE PART  OF  ANY  OTHER
PERSON; AND

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

                                                           LBD05070-05-4

S. 1982--B                          2

  (C)  AT A PLACE AND TIME WHEN SUCH PERSON HAS A REASONABLE EXPECTATION
OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
  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  were  obtained  and  such  unlawful
conduct  would  satisfy  the essential elements of the crime of unlawful
surveillance in the first or second degree, AS DEFINED, RESPECTIVELY, IN
SECTION 250.50 OR 250.45 OF  THIS  ARTICLE,  intentionally  disseminates
such image or images.
  Dissemination  of  an unlawful surveillance image in the second degree
is a class A misdemeanor.
  S 3. Subdivision 1 of section 250.60 of the penal law, as  amended  by
chapter 157 of the laws of 2003, is amended to read as follows:
  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 were obtained and such unlawful conduct would satisfy the essen-
tial elements of the crime of unlawful  surveillance  in  the  first  or
second  degree, AS DEFINED, RESPECTIVELY, IN SECTION 250.50 OR 250.45 OF
THIS ARTICLE, sells or publishes such image or images; or
  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.

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

                                 1982--C
    Cal. No. 750

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee, ordered to first and second report,  amended  on  second  report,
  ordered  to a third reading, and to be reprinted as amended, retaining
  its place in the  order  of  third  reading  --  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to unlawful surveillance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 250.45 of the penal law, as  added
by chapter 69 of the laws of 2003, is amended and a new subdivision 5 is
added to read as follows:
  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
  5. FOR HIS OR HER  OWN,  OR  ANOTHER  INDIVIDUAL'S  AMUSEMENT,  ENTER-
TAINMENT, PROFIT, SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE PURPOSE OF
DEGRADING  OR ABUSING A PERSON, THE ACTOR INTENTIONALLY USES OR INSTALLS
OR PERMITS THE UTILIZATION OR  INSTALLATION  OF  AN  IMAGING  DEVICE  TO
SURREPTITIOUSLY  VIEW,  BROADCAST, OR RECORD SUCH PERSON IN AN IDENTIFI-
ABLE MANNER:
  (A) ENGAGING IN SEXUAL CONDUCT,  AS  DEFINED  IN  SUBDIVISION  TEN  OF
SECTION 130.00 OF THIS PART;
  (B)  IN  THE  SAME IMAGE WITH THE SEXUAL OR INTIMATE PART OF ANY OTHER
PERSON; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD05070-06-4

S. 1982--C                          2

  (C) AT A PLACE AND TIME WHEN SUCH PERSON HAS A REASONABLE  EXPECTATION
OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
  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  were  obtained  and  such  unlawful
conduct  would  satisfy  the essential elements of the crime of unlawful
surveillance in the first or second degree, AS DEFINED, RESPECTIVELY, IN
SECTION 250.50 OR 250.45 OF  THIS  ARTICLE,  intentionally  disseminates
such image or images.
  Dissemination  of  an unlawful surveillance image in the second degree
is a class A misdemeanor.
  S 3. Subdivision 1 of section 250.60 of the penal law, as  amended  by
chapter 157 of the laws of 2003, is amended to read as follows:
  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 were obtained and such unlawful conduct would satisfy the essen-
tial elements of the crime of unlawful  surveillance  in  the  first  or
second  degree, AS DEFINED, RESPECTIVELY, IN SECTION 250.50 OR 250.45 OF
THIS ARTICLE, sells or publishes such image or images; or
  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.