Bill Text: NY S06703 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the crime of voyeurism in the first and second degree.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06703 Detail]

Download: New_York-2019-S06703-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6703

                               2019-2020 Regular Sessions

                    IN SENATE

                                   September 11, 2019
                                       ___________

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

        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:

     1    Section 1. The penal law is amended by adding two new sections  250.51
     2  and 250.52 to read as follows:
     3  § 250.51 Voyeurism in the second degree.
     4    A person is guilty of voyeurism in the second degree when:
     5    1. For his or her own amusement, entertainment, profit, sexual arousal
     6  or  sexual  gratification,  or for the purpose of degrading or abusing a
     7  person, he or she intentionally views, without the  use  of  an  imaging
     8  device,  a person dressing or undressing or the sexual or other intimate
     9  parts of such person at a place and time when such person has a  reason-
    10  able expectation of privacy, without such person's knowledge or consent;
    11  or
    12    2. (a) For no legitimate purpose, he or she intentionally views, with-
    13  out  the use of an imaging device, a person in a bedroom, changing room,
    14  fitting room, restroom, toilet, bathroom, washroom, shower or  any  room
    15  assigned  to  guests  or  patrons in a motel, hotel or inn, without such
    16  person's knowledge or consent.
    17    (b) For the purposes of this subdivision, when a person views a person
    18  without the use of an  imaging  device  in  a  bedroom,  changing  room,
    19  fitting  room,  restroom, toilet, bathroom, washroom, shower or any room
    20  assigned to guests or patrons in a hotel,  motel  or  inn,  there  is  a
    21  rebuttable  presumption  that  such  person  did  so  for  no legitimate
    22  purpose; or
    23    3. For his or her own amusement, entertainment, profit, sexual arousal
    24  or gratification, or for the purpose of degrading or abusing  a  person,
    25  the  actor  intentionally  views,  without the use of an imaging device,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13668-01-9
        S. 6703                             2

     1  such person in an identifiable manner engaging  in  sexual  conduct,  as
     2  defined  in  subdivision  ten of section 130.00 of this part, at a place
     3  and time when such person has a reasonable expectation of privacy  with-
     4  out such person's knowledge or consent.
     5    Voyeurism in the second degree is a class B misdemeanor.
     6  § 250.52 Voyeurism in the first degree.
     7    A  person  is  guilty  of voyeurism in the first degree when he or she
     8  commits the crime of voyeurism in the second degree and has been  previ-
     9  ously  convicted  within the past ten years of voyeurism in the first or
    10  second degree.
    11    Voyeurism in the first degree is a class A misdemeanor.
    12    § 2. Subdivision 1 of section 250.65 of the penal  law,  as  added  by
    13  chapter 69 of the laws of 2003, is amended to read as follows:
    14    1.  The  provisions of sections 250.45, 250.50, 250.51, 250.52, 250.55
    15  and 250.60 of this article do not apply with respect  to  any:  (a)  law
    16  enforcement personnel, firefighters, healthcare professionals or correc-
    17  tional  facility  personnel  engaged  in the conduct of their authorized
    18  duties; (b) security system wherein a written  notice  is  conspicuously
    19  posted on the premises stating that a video surveillance system has been
    20  installed for the purpose of security; or (c) video surveillance devices
    21  installed in such a manner that their presence is clearly and immediate-
    22  ly obvious.
    23    § 3. This act shall take effect immediately.