NY State Senate Bill 2009-S1405

Senate Bill S1405

2009-2010 Legislative Session

Defines the crime of surreptitious surveillance; rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 29, 2009	referred to codes

co-Sponsors

View additional co-sponsors

2009-S1405 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §250.40, add §250.70, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S256

2009-S1405 (ACTIVE) - Summary

Defines the crime of surreptitious surveillance, a class B misdemeanor, when a person, for purposes of his or her own amusement, or for the purpose of degrading another person, or for his or her own sexual arousal, or for no legitimate purpose, surreptitiously observes by means of the unaided eye or an imaging device, intimate parts of an other person without that person's consent and at a place and time when such other person has a reasonable expectation of privacy; includes a rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose; makes such offense a class B misdemeanor.

2009-S1405 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1405

 TITLE OF BILL :
An act to amend the penal law, in relation to the crime of
surreptitious surveillance, a class B misdemeanor


 PURPOSE :
To provide an avenue of prosecution against individuals who, observe
others by means of unaided eyes or by means of an imaging device a
person in a bedroom, changing room, fitting room, restroom, toilet,
bathroom, washroom, shower or any room assigned to guests or patrons
in a spa, hotel, motel or inn, there is a presumption that such person
did so for no legitimate purpose.

 SUMMARY OF PROVISIONS :
Defines the crime of surreptitious surveillance; rebuttable
presumption that such surveillance under certain conditions is for no
legitimate purpose.

Adds section 250.70, surreptitious surveillance which states that a
person is guilty when for no legitimate purpose such person
intentionally observes an individual with unaided eyes or with an
imaging device, a person dressing or undressing or the sexual or other
intimate parts of such person without their consent or knowledge at a
place and time when that person has a reasonable expectation of

privacy. These areas include: in a bedroom, changing room, fitting
room, restroom, toilet, bathroom, washroom, shower or any room
assigned to guests or patrons in a spa; hotel, motel or inn.

Defines surreptitious surveillance as a class B misdemeanor.

 JUSTIFICATION :
"Peeping Tom" type crimes are difficult to prosecute as there is no
particular law that covers each potential situation. An example of
this recently occurred in Niagara County where the district attorney's
office prosecuted a case, in December 2004, where the defendant was
accused of deliberately looking over the top of a tanning bed wall at
a young girl who was completely nude. He was charged with disorderly
conduct but a non jury trial found him innocent. While the Judge found
the defendant's actions reprehensible, the prosecution did not prove
that the defendant's conduct did not create a Public disturbance. The
Court of Appeals has held that disorderly conduct must be of a public
not a private matter. The 1003 video voyeurism law "Stephanie's Law"
did not apply because no mechanical or electronic device of any kind
was used. "Stephanie's Law" also is not penal law. This bill will
provide an avenue for prosecution of these cases where an individual
watches someone for entertainment, amusement, to degrade someone or
for sexual satisfaction - for no legitimate purpose.

 LEGISLATIVE HISTORY :
S.257-A of 2007/2008; Passed Senate
S.3336/A.5438 of 2005/2006; Passed Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November in the year it
becomes law.

2009-S1405 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1405

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 29, 2009
                               ___________

Introduced  by  Sens.  MAZIARZ,  ALESI, FLANAGAN, LARKIN, VOLKER -- 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 the crime of surreptitious
  surveillance, a class B misdemeanor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 250.40 of the penal law, as added by chapter 69  of
the laws of 2003 and subdivision 2 as amended by chapter 291 of the laws
of 2007, is amended to read as follows:
S 250.40 Unlawful surveillance; definitions.
  The  following  definitions  shall  apply  to sections 250.45, 250.50,
250.55 [and], 250.60 AND 250.70 of this article:
  1. "Place and time when a  person  has  a  reasonable  expectation  of
privacy"  means  a place and time when a reasonable person would believe
that he or she could fully disrobe in privacy.
  2. "Imaging device" means any mechanical, digital or electronic  view-
ing  device,  camera,  cellular phone or any other instrument capable of
recording, storing or transmitting visual images that can be utilized to
observe a person.
  3. "Sexual or other intimate parts" means the  human  male  or  female
genitals,  pubic area or buttocks, or the female breast below the top of
the nipple, and shall include such part or parts which are covered  only
by an undergarment.
  4.  "Broadcast"  means electronically transmitting a visual image with
the intent that it be viewed by a person.
  5. "Disseminate" means to give, provide, lend,  deliver,  mail,  send,
forward,  transfer  or  transmit, electronically or otherwise to another
person.
  6. "Publish" means to (a) disseminate, as defined in subdivision  five
of  this  section,  with the intent that such image or images be dissem-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01240-01-9

S. 1405                             2

inated to ten or more persons; or (b) disseminate with the  intent  that
such  images  be  sold by another person; or (c) post, present, display,
exhibit, circulate, advertise or [allows] ALLOW  access,  electronically
or  otherwise, so as to make an image or images available to the public;
or (d) disseminate with the intent that an image or  images  be  posted,
presented, displayed, exhibited, circulated, advertised or made accessi-
ble,    electronically  or  otherwise  and  to make such image or images
available to the public.
  7. "Sell" means to disseminate to another person, as defined in subdi-
vision five of this section, or to publish, as  defined  in  subdivision
six of this section, in exchange for something of value.
  S  2.  The penal law is amended by adding a new section 250.70 to read
as follows:
S 250.70 SURREPTITIOUS SURVEILLANCE.
  1. A PERSON IS GUILTY OF SURREPTITIOUS SURVEILLANCE WHEN SUCH  PERSON,
FOR  PURPOSES  OF  HIS  OR HER OWN AMUSEMENT OR ENTERTAINMENT OR FOR THE
PURPOSE OF DEGRADING OR ABUSING ANOTHER PERSON, OR FOR HIS  OR  HER  OWN
SEXUAL  AROUSAL  OR  SEXUAL  GRATIFICATION, OR FOR NO LEGITIMATE PURPOSE
INTENTIONALLY AND SURREPTITIOUSLY  OBSERVES  BY  MEANS  OF  HIS  OR  HER
UNAIDED  EYES,  OR  BY  MEANS OF AN IMAGING DEVICE, A PERSON DRESSING OR
UNDRESSING OR THE SEXUAL OR OTHER INTIMATE PARTS OF SUCH PERSON  WITHOUT
SUCH  PERSON'S  KNOWLEDGE  OR  CONSENT AND AT A PLACE AND TIME WHEN SUCH
PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.
  2. FOR THE PURPOSES OF THIS SECTION,  WHEN  A  PERSON  SURREPTITIOUSLY
OBSERVES  BY  MEANS OF HIS OR HER UNAIDED EYES OR BY MEANS OF AN IMAGING
DEVICE A PERSON IN A BEDROOM, CHANGING  ROOM,  FITTING  ROOM,  RESTROOM,
TOILET,  BATHROOM,  WASHROOM,  SHOWER  OR ANY ROOM ASSIGNED TO GUESTS OR
PATRONS IN A SPA, HOTEL, MOTEL OR INN, THERE IS A REBUTTABLE PRESUMPTION
THAT SUCH PERSON DID SO FOR NO LEGITIMATE PURPOSE.
  SURREPTITIOUS SURVEILLANCE IS A CLASS B MISDEMEANOR.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.