senate Bill S1982B

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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2014 signed chap.193
Jul 31, 2014 delivered to governor
Jun 17, 2014 returned to senate
passed assembly
ordered to third reading cal.793
substituted for a2053c
Jun 16, 2014 referred to codes
delivered to assembly
passed senate
Jun 09, 2014 amended on third reading 1982c
May 19, 2014 advanced to third reading
amended (t) 1982b
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.750
Feb 21, 2014 print number 1982a
amend and recommit to codes
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 23, 2013 referred to codes
delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.631
Jan 09, 2013 referred to codes

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S1982 - Bill Details

See Assembly Version of this Bill:
A2053B
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6746A, A10505A

S1982 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1982

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance in the first and second degrees

PURPOSE: This bill will close a loophole in the penal law to ensure
that people who have had their image broadcasted without their consent
will have a course of action under the law.

SUMMARY OF PROVISIONS:

Section 1. Amends section 250.45 of the penal law to expand the law to
provide that a person can be charged with unlawful surveillance in the
second degree if an individual uses a device to view, broadcast or
record a person in the same image together with the sexual or other
intimate parts of any other person.

Section 2. Amends section 250.55 of the penal law to delete unnecessary
language in the existing law as it is already encompassed in the
elements of the crime of unlawful surveillance..

Section 3. Amends section 250.60 to delete unnecessary language in
existing law as it is already encompassed in the elements of the crime
of unlawful surveillance.

JUSTIFICATION: Clarkstown police department found that there was a
loophole in the unlawful surveillance laws when a victim came to the
police because her image had been posted on the internet without her
permission. The image showed the victim and the sexual parts of another
person. Even though the image was broadcasted without her consent the
police could not press charges because the victim's sexual or intimate
parts were not exposed in the picture and therefore did not fall under
the definition of the law. Due to this unfortunate loophole in the law
the police's hands were tied. Working with the local District Attorney's
office the language of this bill was developed. This bill provides that
a person could be charged if they disseminate an image of an individual
in the same image as any other person's sexual or intimate parts. This
expansion of the law will ensure that police officers will be able to
bring charges in cases, such as the one that occurred in Rockland Coun-
ty, where a person's privacy had been invaded and their image broad-
casted without their permission.

LEGISLATIVE HISTORY: 2011-12 - S.6746-A - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Takes effect on the first of November next succeeding
the date on which it becomes law.

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                    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.
                                                           LBD05070-01-3

S. 1982                             2

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 SUCH PERSON TOGETHER IN THE SAME IMAGE WITH THE
SEXUAL OR OTHER INTIMATE PARTS OF ANY OTHER PERSON.
  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  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 were obtained and such unlawful conduct would satisfy the essen-
tial 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
  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.

S1982A - Bill Details

See Assembly Version of this Bill:
A2053B
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6746A, A10505A

S1982A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1982A

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance in the first and second degrees

PURPOSE:

This bill attempts to close a loophole in the penal law to ensure that
people who have had their image broadcasted without their consent will
have a course of action under the law.

SUMMARY OF PROVISIONS:

Section 1. Amends section 250.45 of the penal law to provide that a
person can be charged with unlawful surveillance 'in the second degree
if an individual uses a device to view, broadcast or record a person
engaged in sexual conduct without their consent.

Section 2. Amends section 250.55 of the penal law to reflect the same
changes as made in section 1 of this bill.

Section 3. Amends section 250.60 law to reflect the same changes as
made in section 1 of this bill.

Section 4. Effective date.

JUSTIFICATION:

Clarkstown police department found that there was a loophole in the
unlawful surveillance laws when a victim came to the police because
her image had been posted on the Internet without her permission. The
image showed the victim engaged in sexual contact with another but
without her sexual parts captured in the image. Even though the image
was broadcast without her consent the police could not press charges
because the victim's sexual or intimate parts were not exposed in the
picture and therefore did not fall under the definition of the law.

Due to this unfortunate loophole in the law the police's hands were
tied. Working with the local District Attorney's office the language
of this bill was developed. This bill provides that a person could be
charged if they disseminate an image of an individual engaged in
sexual conduct regardless of whether their own sexual parts were
broadcast. This expansion of the law will ensure that police officers
will be able to bring charges in cases, such as the one that occurred
in Rockland County, where a person's privacy had been invaded and
their image broadcasted without their permission.

LEGISLATIVE HISTORY:

2013: S 1982 - passed Senate
2011-12: S.6746-A - Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full 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

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.

S1982B - Bill Details

See Assembly Version of this Bill:
A2053B
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6746A, A10505A

S1982B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1982B

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance

PURPOSE: This bill attempts to close a loophole in the penal law to
ensure that people who have had their image broadcasted without their
consent will have a course of action under the law.

SUMMARY OF PROVISIONS:

Section 1. Amends section 250.45 of the penal law to provide that a
person can be charged with unlawful surveillance 'in the second degree
if an individual uses a device to view, broadcast or record a person
engaged in sexual conduct without their consent.

Section 2. Amends section 250.55 of the penal law to reflect the same
changes as made in section 1 of this bill.

Section 3. Amends section 250.60 law to reflect the same changes as
made in section 1 of this bill.

Section 4. Effective date.

JUSTIFICATION: Clarkstown police department found that there was a
loophole in the unlawful surveillance laws when a victim came to the
police because her image had been posted on the Internet without her
permission. The image showed the victim engaged in sexual contact with
another but without her sexual parts captured in the image. Even
though the image was broadcast without her consent the police could
not press charges because the victim's sexual or intimate parts were
not exposed in the picture and therefore did not fall under the
definition of the law.

Due to this unfortunate loophole in the law the police's hands were
tied. Working with the local District Attorney's office the language
of this bill was developed. This bill provides that a person could be
charged if they disseminate an image of an individual engaged in
sexual conduct regardless of whether their own sexual parts were
broadcast. This expansion of the law will ensure that police officers
will be able to bring charges in cases, such as the one that occurred
in Rockland County, where a person's privacy had been invaded and
their image broadcasted without their permission.

LEGISLATIVE HISTORY: 2013: S.1982 - passed Senate 2011-12: S.6746-A -
passed Senate

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

view full 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.
                                                           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.

S1982C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2053B
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6746A, A10505A

S1982C (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1982C

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance

PURPOSE: This bill attempts to close a loophole in the penal law to
ensure that people who have had their image broadcasted without their
consent will have a course of action under the law.

SUMMARY OF PROVISIONS:

Section 1. Amends section 250.45 of the penal law to provide that a
person can be charged with unlawful surveillance in the second degree
if an individual uses a device to view, broadcast or record a person
engaged in sexual conduct without their consent.

Section 2. Amends section 250.55 of the penal law to reflect the same
changes as made in section 1 of this bill.

Section 3. Amends section 250.60 of the penal law to reflect the same
changes as made in section 1 of this bill.

Section 4. Effective date.

JUSTIFICATION: Clarkstown police department found that there was a
loophole in the unlawful surveillance laws when a victim came to the
police because her image had been posted on the Internet without her
permission. The image showed the victim engaged in sexual contact with
another but without her sexual parts captured in the image. Even
though the image was broadcast without her consent the police could
not press charges because the victim's sexual or intimate parts were
not exposed in the picture and therefore did not fall under the
definition of the law.

Due to this unfortunate loophole in the law the police's hands were
tied. Working with the local District Attorney's office the language
of this bill was developed. This bill provides that a person could be
charged if they disseminate an image of an individual engaged in
sexual conduct regardless of whether their own sexual parts were
broadcast. This expansion of the law will ensure that police officers
will be able to bring charges in cases, such as the one that occurred
in Rockland County, where a person's privacy had been invaded and
their image broadcasted without their permission.

LEGISLATIVE HISTORY: 2013: S.1982 - passed Senate 2011-12: S.6746-A -
passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

view full 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
                      [ ] 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.

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