Senate Bill S1982C

Signed By Governor
2013-2014 Legislative Session

Relates to unlawful surveillance

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S1982 - Details

See Assembly Version of this Bill:
A2053
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6746, A10505

2013-S1982 - Summary

Relates to unlawful surveillance in the second degree and dissemination of an unlawful surveillance image in the first and second degrees.

2013-S1982 - Sponsor Memo

2013-S1982 - Bill Text download pdf 

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

                                  1982

                       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

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 SUCH PERSON TOGETHER IN THE SAME IMAGE 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 SUCH PERSON TOGETHER IN THE
SAME IMAGE 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

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

2013-S1982A - Details

See Assembly Version of this Bill:
A2053
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6746, A10505

2013-S1982A - Summary

Relates to unlawful surveillance in the second degree and dissemination of an unlawful surveillance image in the first and second degrees.

2013-S1982A - Sponsor Memo

2013-S1982A - Bill Text download pdf 

                            
                    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

2013-S1982B - Details

See Assembly Version of this Bill:
A2053
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6746, A10505

2013-S1982B - Summary

Relates to unlawful surveillance in the second degree and dissemination of an unlawful surveillance image in the first and second degrees.

2013-S1982B - Sponsor Memo

2013-S1982B - Bill Text download pdf 

                            
                    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.

2013-S1982C (ACTIVE) - Details

See Assembly Version of this Bill:
A2053
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6746, A10505

2013-S1982C (ACTIVE) - Summary

Relates to unlawful surveillance in the second degree and dissemination of an unlawful surveillance image in the first and second degrees.

2013-S1982C (ACTIVE) - Sponsor Memo

2013-S1982C (ACTIVE) - Bill Text download pdf 

                            
                    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

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