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This entry was published on 2014-09-22
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SECTION 395-B
Unlawfully installing or maintaining a two-way mirror or other viewing device
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 395-b. Unlawfully installing or maintaining a two-way mirror or
other viewing device. 1. As used in this section, the phrase "two-way
mirror or other viewing device" shall mean a mirror, peep hole,
mechanical viewing device, camera or any other instrument or method that
can be utilized to surreptitiously observe a person.

2. A person is guilty of unlawfully installing or maintaining a
two-way mirror or other viewing device when, being the owner or manager
of any premises, he knowingly permits or allows such a device to be
installed or maintained in or upon such premises, for the purpose of
surreptitiously observing the interior of any fitting room, restroom,
toilet, bathroom, washroom, shower, or any room assigned to guests or
patrons in a motel, hotel or inn.

2-a. A person is guilty of unlawfully installing or maintaining a
video recording device when, being the owner or manager of any premises,
he knowingly permits or allows such a device to be installed or
maintained in or upon such premises, for purpose of surreptitiously
recording a visual image of the interior of any fitting room, restroom,
toilet, bathroom, washroom, shower, or any other room assigned to guests
or patrons in a motel, hotel or inn.

3. a. The provisions of this section shall not apply with respect to
premises which comprise, or are a part of any

(i) public correctional or custodial facility, or public or private
medical facility which is used for the treatment of persons pursuant to
medical directive, or

(ii) public or private treatment facility which is used for the
treatment of persons who are committed or are voluntarily confined to
such facility or are voluntarily receiving treatment thereat, or

(iii) facility operated by any federal, state or local law enforcement
agency, or

(iv) private dwelling.

b. The provisions of this section shall further not apply with respect
to any fitting room, otherwise subject to the provisions of this
section, wherein the person who is the owner or manager of such premises
has caused written notice to be conspicuously posted at the entrance to
the fitting room stating that a two-way mirror or other viewing device
has been installed for the purpose of observing the interior of such
room. In cities with a population of one million or more, the written
notice shall be in both English and Spanish.

4. Whenever there shall be a violation of this section, an application
may also be made by the attorney general in the name of the people of
the state of New York or by the corporation counsel for any city or by
the appropriate attorney of any other political subdivision as shall be
designated by the governing body of such political subdivision to a
court or justice having jurisdiction to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violation; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this section, an injunction may be issued by such court
or justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In connection with any such proposed application, the attorney
general, corporation counsel or other appropriate attorney, as the case
may be, is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.

5. A violation of the provisions of this section shall constitute a
violation, and upon conviction thereof shall be punishable by a term of
imprisonment not to exceed fifteen days, or by a fine of not more than
three hundred dollars, or by both such fine and imprisonment, except
that a violation of subdivision two-a of this section shall constitute a
felony. In addition, a violation of the provisions of this section
shall be punishable by a civil penalty of not more than three hundred
dollars recoverable in an action by the attorney general in the name of
the people of the state or by the corporation counsel for any city or by
the appropriate attorney of any other political subdivision as shall be
designated by the governing body of such political subdivision. Each
unlawfully installed or maintained mirror or viewing or recording device
shall constitute a separate and distinct violation.