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This entry was published on 2014-11-07
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SECTION 250.45
Unlawful surveillance in the second degree
Penal (PEN) CHAPTER 40, PART 3, TITLE N, ARTICLE 250
§ 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 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 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
device to surreptitiously view, broadcast or record a person in a
bedroom, changing room, fitting room, restroom, toilet, bathroom,
washroom, shower or any room assigned to guests or patrons in a motel,
hotel or inn, without such person's knowledge or consent.

(b) For the purposes of this subdivision, when a person uses or
installs, or permits the utilization or installation of an imaging
device in a bedroom, changing room, fitting room, restroom, toilet,
bathroom, washroom, shower or any room assigned to guests or patrons in
a hotel, motel or inn, there is a rebuttable presumption that such
person did so for no legitimate purpose; or

4. Without the knowledge or consent of 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, 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,
entertainment, 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
identifiable 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

(c) at a place and time when such person has a reasonable expectation
of privacy, without such person's knowledge or consent.

Unlawful surveillance in the second degree is a class E felony.