Assembly Bill A11339

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11339
 
                           I N  A S S E M B L Y
 
                               May 11, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   voyeurism in the first and second 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 two new sections  250.51
 and 250.52 to read as follows:
 § 250.51 VOYEURISM IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF VOYEURISM IN THE SECOND DEGREE WHEN:
   1.  FOR  SUCH  PERSON'S  OWN  AMUSEMENT, ENTERTAINMENT, PROFIT, SEXUAL
 AROUSAL OR SEXUAL GRATIFICATION, OR FOR  THE  PURPOSE  OF  DEGRADING  OR
 ABUSING  A  PERSON,  SUCH  PERSON  (A) TRESPASSES, AS DEFINED IN SECTION
 140.05 OF THIS PART OR (B) SURREPTITIOUSLY  VIEWS  A  PERSON  USING  ANY
 MECHANICAL,  DIGITAL,  ELECTRONIC VIEWING DEVICE, CAMERA, CELLULAR PHONE
 OR ANY OTHER INSTRUMENT THAT CAN BE USED TO OBSERVE A  PERSON,  FOR  THE
 PURPOSE  OF  VIEWING  A  PERSON  DRESSING OR UNDRESSING OR THE SEXUAL OR
 OTHER INTIMATE PARTS OF SUCH PERSON AT A PLACE AND TIME WHEN SUCH PERSON
 HAS A REASONABLE EXPECTATION OF PRIVACY, AS DEFINED IN  SUBDIVISION  ONE
 OF  SECTION  250.40  OF THIS ARTICLE, WITHOUT SUCH PERSON'S KNOWLEDGE OR
 CONSENT; OR
   2. FOR SUCH PERSON'S  OWN  AMUSEMENT,  ENTERTAINMENT,  PROFIT,  SEXUAL
 AROUSAL  OR  SEXUAL  GRATIFICATION,  OR  FOR THE PURPOSE OF DEGRADING OR
 ABUSING A PERSON, SUCH PERSON (A)  TRESPASSES,  AS  DEFINED  IN  SECTION
 140.05  OF  THIS  PART  OR  (B) SURREPTITIOUSLY VIEWS A PERSON USING ANY
 MECHANICAL, DIGITAL, ELECTRONIC VIEWING DEVICE, CAMERA,  CELLULAR  PHONE
 OR  ANY  OTHER  INSTRUMENT THAT CAN BE USED TO OBSERVE A PERSON, FOR THE
 PURPOSE OF VIEWING A PERSON IN AN IDENTIFIABLE MANNER ENGAGING IN SEXUAL
 CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF  THIS  PART,
 AT  A  PLACE  AND  TIME WHEN SUCH PERSON HAS A REASONABLE EXPECTATION OF
 PRIVACY, AS DEFINED IN SUBDIVISION ONE OF SECTION 250.40 OF  THIS  ARTI-
 CLE, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
   VOYEURISM IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
 § 250.52 VOYEURISM IN THE FIRST DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01389-03-6
 A. 11339                            2
 
   A  PERSON  IS GUILTY OF VOYEURISM IN THE FIRST DEGREE WHEN SUCH PERSON
 COMMITS THE CRIME OF VOYEURISM IN THE SECOND DEGREE AND HAS BEEN  PREVI-
 OUSLY  CONVICTED  WITHIN THE PAST TEN YEARS OF VOYEURISM IN THE FIRST OR
 SECOND DEGREE.
   VOYEURISM IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
   §  2.  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 250.45, 250.50, 250.51,  250.52,  250.55
 and  250.60  of  this  article do not apply with respect to any: (a) law
 enforcement personnel, FIREFIGHTERS, HEALTHCARE PROFESSIONALS OR CORREC-
 TIONAL FACILITY 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 immediate-
 ly obvious.
   § 3. This act shall take effect immediately.