Assembly Bill A1752

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1752
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M. of A. CROUCH, McDONOUGH, MORINELLO, RAIA -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to unlawful  surveillance  in
   the third degree
 
   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 250.44  to
 read as follows:
 § 250.44 UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE.
   A  PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE WHEN,
 FOR HIS OR  HER  OWN,  OR  ANOTHER  PERSON'S  AMUSEMENT,  ENTERTAINMENT,
 PROFIT,  OR  SEXUAL  AROUSAL  OR  SEXUAL GRATIFICATION, HE OR SHE INTEN-
 TIONALLY USES OR INSTALLS, OR PERMITS THE UTILIZATION OR INSTALLATION OF
 AN IMAGING DEVICE TO RECORD A CHILD UNDER THE AGE OF TWELVE, WHILE  SUCH
 CHILD IS ATTENDING A DAY CARE, GROUP FAMILY DAY CARE, OR FAMILY DAY CARE
 WITHOUT SUCH CHILD'S PARENT'S OR LEGAL GUARDIAN'S KNOWLEDGE AND CONSENT,
 OR  THE  KNOWLEDGE  AND CONSENT OF ANY PERSON CHARGED WITH THE TEMPORARY
 CARE OR CUSTODY OF SUCH CHILD. KNOWLEDGE AND CONSENT SHALL  BE  PRESUMED
 TO HAVE BEEN OBTAINED WHERE THE PERSON USING OR INSTALLING OR PERMITTING
 THE  UTILIZATION  OR  INSTALLATION  OF  AN IMAGING DEVICE IS A PARENT OR
 LEGAL GUARDIAN OF A CHILD BEING RECORDED  OR  ACTING  AT  SUCH  PERSON'S
 REQUEST,  PROVIDED  SUCH  RECORDING IS NOT BEING DONE SURREPTITIOUSLY OR
 FOR THE SEXUAL AROUSAL OR SEXUAL GRATIFICATION OF THE PERSON UNDERTAKING
 THE RECORDING OR ANOTHER PERSON.
   UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   § 2. The opening paragraph of section 250.40  of  the  penal  law,  as
 added by chapter 69 of the laws of 2003, is amended to read as follows:
   The  following  definitions  shall  apply  to sections 250.44, 250.45,
 250.50, 250.55 and 250.60 of this article:
   § 3. Section 250.60 of the penal law, as added by chapter  69  of  the
 laws  of  2003,  subdivision  1 as amended by chapter 193 of the laws of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02976-01-9

 A. 1752                             2
 
 2014, and subdivision 2 as amended by chapter 157 of the laws  of  2003,
 is amended to read as follows:
 § 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  OR  THIRD  degree,  as  defined, respectively, in section 250.50
 [or], 250.45 OR 250.44 of this article, sells or publishes such image or
 images; or
   2. Having created a surveillance image in violation of section 250.44,
 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 OR THIRD degree.
   Dissemination of an unlawful surveillance image in the first degree is
 a class E felony.
   §  4.  Subdivision  1  of section 250.65 of the penal law, as added by
 chapter 69 of the laws of 2003, is amended to read as follows:
   1. The provisions of  sections  250.44,  250.45,  250.50,  250.55  and
 250.60  of  this  article  do  not  apply  with  respect to any: (a) law
 enforcement personnel engaged in the conduct of their authorized duties;
 (b) security system wherein a written notice is conspicuously posted  on
 the premises stating that a video surveillance system has been installed
 for the purpose of security; or (c) video surveillance devices installed
 in such a manner that their presence is clearly and immediately obvious.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.