assembly Bill A2053C

Signed By Governor
2013-2014 Legislative Session

Relates to unlawful surveillance

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S1982 - Signed by Governor


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

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Actions

view actions (22)
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 17, 2014 substituted by s1982c
Jun 09, 2014 amended on third reading 2053c
Jun 09, 2014 vote reconsidered - restored to third reading
returned to assembly
recalled from senate
Jun 02, 2014 referred to codes
delivered to senate
passed assembly
May 30, 2014 advanced to third reading cal.793
May 28, 2014 reported
May 19, 2014 print number 2053b
May 19, 2014 amend (t) and recommit to codes
Feb 14, 2014 print number 2053a
Feb 14, 2014 amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Votes

view votes

May 13, 2014 - Codes committee Vote

S1982A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 20, 2013 - Codes committee Vote

S1982
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

A2053 - Details

See Senate Version of this Bill:
S1982
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10505, S6746

A2053 - Summary

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

A2053 - Bill Text download pdf

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

                                  2053

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PAULIN -- read once and referred 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.

A2053A - Details

See Senate Version of this Bill:
S1982
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10505, S6746

A2053A - Summary

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

A2053A - Bill Text download pdf

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

                                 2053--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- 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
and time when such person has a reasonable expectation of privacy, with-
out such person's knowledge or consent; or

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

Co-Sponsors

A2053B - Details

See Senate Version of this Bill:
S1982
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10505, S6746

A2053B - Summary

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

A2053B - Bill Text download pdf

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

                                 2053--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

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
  (C)  AT A PLACE AND TIME WHEN SUCH PERSON HAS A REASONABLE EXPECTATION
OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05070-04-4

Co-Sponsors

A2053C (ACTIVE) - Details

See Senate Version of this Bill:
S1982
Law Section:
Penal Law
Laws Affected:
Amd §§250.45, 250.55 & 250.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10505, S6746

A2053C (ACTIVE) - Summary

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

A2053C (ACTIVE) - Bill Text download pdf

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

                                 2053--C
                                                        Cal. No. 793

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. PAULIN, WEPRIN -- read once and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as  amended  and recommitted to said committee -- passed by
  Assembly and delivered to the Senate, recalled from the  Senate,  vote
  reconsidered,  bill amended, ordered reprinted, retaining its place on
  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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