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

                                  7124

                            I N  S E N A T E

                             March 30, 2016
                               ___________

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:

  Section  1.  Subdivisions  4 and 5 of section 250.45 of the penal law,
subdivision 4 as amended and subdivision 5 as added by  chapter  193  of
the  laws  of 2014, are amended and a new subdivision 6 is added to read
as follows:
  4. Without the knowledge or consent of a  person,  he  or  she  inten-
tionally 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, enter-
tainment, 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  identifi-
able 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[.] ; OR
  6. FOR HIS OR HER OWN SEXUAL  AROUSAL  OR  GRATIFICATION,  HE  OR  SHE
COMMITS  TRESPASS,  AS  PROVIDED  IN SECTION 140.05 OF THIS CHAPTER, AND
OBSERVES, IN OTHER THAN A CASUAL OR CURSORY MANNER, ANOTHER  PERSON  (A)
WITHOUT  THE  KNOWLEDGE  OR CONSENT OF SUCH OTHER PERSON, (B) WHILE SUCH
OTHER PERSON IS INSIDE A DWELLING, AS DEFINED IN SECTION 140.00 OF  THIS
CHAPTER,  AND  NOT IN PLAIN VIEW, AND (C) UNDER CIRCUMSTANCES WHERE SUCH
OTHER PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13730-01-6
              

S. 7124                             2

  S 2. Section 250.50 of the penal law, as added by chapter  69  of  the
laws of 2003, is amended to read as follows:
S 250.50 Unlawful surveillance in the first degree.
  A person is guilty of unlawful surveillance in the first degree when:
  1.  he or she commits the crime of unlawful surveillance in the second
degree and has been previously convicted within the past  ten  years  of
unlawful surveillance in the first or second degree; OR
  2.  HE OR SHE COMMITS THE CRIME OF UNLAWFUL SURVEILLANCE IN THE SECOND
DEGREE AND (A) HE OR SHE HAS BEEN PREVIOUSLY  CONVICTED  OF  AN  OFFENSE
UNDER  ARTICLE  ONE HUNDRED THIRTY OR TWO HUNDRED THIRTY OF THIS CHAPTER
OR (B) THE INTENDED SUBJECT OF THE OFFENSE IS  A  PERSON  UNDER  SIXTEEN
YEARS OF AGE.
  Unlawful surveillance in the first degree is a class D felony.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.