Bill Text: NY S06228 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the unlawful surveillance of children.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S06228 Detail]

Download: New_York-2013-S06228-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6228
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 8, 2014
                                      ___________
       Introduced  by  Sen. RITCHIE -- 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. The penal law is amended by adding a new section 250.42 to
    2  read as follows:
    3  S 250.42 UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE.
    4    1. ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER  IS  GUILTY  OF  UNLAWFUL
    5  SURVEILLANCE IN THE THIRD DEGREE WHEN SUCH PERSON:
    6    (A)  USES AN IMAGING DEVICE TO VIEW, BROADCAST OR RECORD A CHILD UNDER
    7  THE AGE OF TWELVE, WITHOUT THE KNOWLEDGE OR CONSENT OF A PARENT OR GUAR-
    8  DIAN; AND
    9    (B) DOES SO WITH CRIMINAL INTENT OF USING AND  DISSEMINATING  MATERIAL
   10  AS  DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS SUBDIVISION, FOR AN UNLAWFUL
   11  PURPOSE.
   12    2. THIS SECTION SHALL NOT APPLY TO:
   13    (A) AN IMAGING DEVICE USED TO CAPTURE IMAGINES OR VIDEOS  INCIDENTALLY
   14  AS  A  RESULT  OF  LAWFUL  RECORDING  AND DOES NOT HAVE THE CHILD AS THE
   15  INTENDED SUBJECT; OR
   16    (B) AN IMAGE, VIDEO OR RECORDING THAT IS LAWFULLY CAPTURED BY A  SECU-
   17  RITY CAMERA.
   18    UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   19    S 2. This act shall take effect on the one hundred twentieth day after
   20  it shall have become law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13272-01-3