senate Bill S6228

2013-2014 Legislative Session

Relates to the unlawful surveillance of children

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes

S6228 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยง250.42, Pen L

S6228 - Bill Texts

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Relates to the unlawful surveillance of children.

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BILL NUMBER:S6228

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

PURPOSE: To establish the crime of unlawful surveillance in the third
degree.

SUMMARY OF PROVISIONS:

Section 1 amends the Penal Law by adding a new section 250.42. Section
250.42 establishes the crime of unlawful surveillance in the third
degree. Subdivision 1 provides that an adult is guilty of unlawful
surveillance in the third degree when such adult uses an imaging
device to view, broadcast or record a child under the age of twelve,
without the knowledge or consent of the child's parent or guardian,
and when such adult does so with the criminal intent of using and
disseminating such material for an unlawful purpose. Subdivision 2
provides that section 250.42 does not apply to an imaging device that
captures images or videos incidentally or as a result of lawful
recording which does not have the child as the intended subject.
Subdivision 2 also provides that section 250.42 does not apply to an
image, video or recording that is lawfully captured by a security
camera. Unlawful surveillance in the third degree is a class A
misdemeanor.

Section 2 provides that this act shall take effect on the 120th day
after it shall have become law.

JUSTIFICATION: This bill is necessary to protect children from
unlawful surveillance by adults. The more serious crimes of unlawful
surveillance in the first and second degree already exist in statute.
This bill establishes the crime of unlawful surveillance in the third
degree. It's enactment is necessary to further protect children from
adults, who possessing a criminal intent, seek to capture images of
children and use such images for an unlawful purpose.

New technological innovations are being released for sale in the
marketplace almost every day. Many of these innovations have the
ability to perform multiple functions, including the ability to take
pictures or record videos. Therefore, this bill also is necessary to
update the laws regarding unlawful surveillance. This bill will
criminalize the actions of those who seek to unlawfully record
children. It will also provide a punishment that is befitting the
crime.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 120th day after it
shall have become law.

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

                                  6228

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. RITCHIE -- 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

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

  Section  1. The penal law is amended by adding a new section 250.42 to
read as follows:
S 250.42 UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE.
  1. ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER  IS  GUILTY  OF  UNLAWFUL
SURVEILLANCE IN THE THIRD DEGREE WHEN SUCH PERSON:
  (A)  USES AN IMAGING DEVICE TO VIEW, BROADCAST OR RECORD A CHILD UNDER
THE AGE OF TWELVE, WITHOUT THE KNOWLEDGE OR CONSENT OF A PARENT OR GUAR-
DIAN; AND
  (B) DOES SO WITH CRIMINAL INTENT OF USING AND  DISSEMINATING  MATERIAL
AS  DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS SUBDIVISION, FOR AN UNLAWFUL
PURPOSE.
  2. THIS SECTION SHALL NOT APPLY TO:
  (A) AN IMAGING DEVICE USED TO CAPTURE IMAGINES OR VIDEOS  INCIDENTALLY
AS  A  RESULT  OF  LAWFUL  RECORDING  AND DOES NOT HAVE THE CHILD AS THE
INTENDED SUBJECT; OR
  (B) AN IMAGE, VIDEO OR RECORDING THAT IS LAWFULLY CAPTURED BY A  SECU-
RITY CAMERA.
  UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13272-01-3

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