Bill Text: NY S05011 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to unlawful surveillance; adds additional actions constituting unlawful surveillance in the second degree and in the first degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S05011 Detail]

Download: New_York-2023-S05011-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5011

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 21, 2023
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        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:

     1    Section  1.  Subdivisions  4 and 5 of section 250.45 of the penal law,
     2  subdivision 4 as amended and subdivision 5 as added by  chapter  193  of
     3  the  laws  of 2014, are amended and a new subdivision 6 is added to read
     4  as follows:
     5    4. Without the knowledge or consent of a  person,  he  or  she  inten-
     6  tionally uses or installs, or permits the utilization or installation of
     7  an  imaging  device  to surreptitiously view, broadcast or record, under
     8  the clothing being worn by such person, the  sexual  or  other  intimate
     9  parts of such person; [or]
    10    5.  For  his  or  her  own,  or another individual's amusement, enter-
    11  tainment, profit, sexual arousal or gratification, or for the purpose of
    12  degrading or abusing a person, the actor intentionally uses or  installs
    13  or  permits  the  utilization  or  installation  of an imaging device to
    14  surreptitiously view, broadcast, or record such person in  an  identifi-
    15  able manner:
    16    (a)  engaging  in  sexual  conduct,  as  defined in subdivision ten of
    17  section 130.00 of this part;
    18    (b) in the same image with the sexual or intimate part  of  any  other
    19  person; and
    20    (c)  at a place and time when such person has a reasonable expectation
    21  of privacy, without such person's knowledge or consent[.] ; or
    22    6. For his or her own sexual  arousal  or  gratification,  he  or  she
    23  commits  trespass,  as  provided  in section 140.05 of this chapter, and
    24  observes, in other than a casual or cursory manner, another  person  (a)
    25  without  the  knowledge  or consent of such other person, (b) while such
    26  other person is inside a dwelling, as defined in section 140.00 of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09522-01-3
        S. 5011                             2

     1  chapter,  and  not in plain view, and (c) under circumstances where such
     2  other person has a reasonable expectation of privacy.
     3    §  2.  Section  250.50 of the penal law, as added by chapter 69 of the
     4  laws of 2003, is amended to read as follows:
     5  § 250.50 Unlawful surveillance in the first degree.
     6    A person is guilty of unlawful surveillance in the first degree when:
     7    1. he or she commits the crime of unlawful surveillance in the  second
     8  degree  and  has  been previously convicted within the past ten years of
     9  unlawful surveillance in the first or second degree; or
    10    2. he or she commits the crime of unlawful surveillance in the  second
    11  degree  and  (a)  he  or she has been previously convicted of an offense
    12  under article one hundred thirty or two hundred thirty of  this  chapter
    13  or  (b)  the  intended  subject of the offense is a person under sixteen
    14  years of age.
    15    Unlawful surveillance in the first degree is a class D felony.
    16    § 3. This act shall take effect on the ninetieth day  after  it  shall
    17  have become a law.