S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2386
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Codes
 
 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:

   Section 1. The penal law is amended by adding two new sections  250.51
 and 250.52 to read as follows:
 § 250.51 VOYEURISM IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF VOYEURISM IN THE SECOND DEGREE WHEN:
   1. FOR HIS OR HER OWN AMUSEMENT, ENTERTAINMENT, PROFIT, SEXUAL AROUSAL
 OR  SEXUAL  GRATIFICATION,  OR FOR THE PURPOSE OF DEGRADING OR ABUSING A
 PERSON, HE OR SHE INTENTIONALLY VIEWS, WITHOUT THE  USE  OF  AN  IMAGING
 DEVICE,  A PERSON DRESSING OR UNDRESSING OR THE SEXUAL OR OTHER INTIMATE
 PARTS OF SUCH PERSON AT A PLACE AND TIME WHEN SUCH PERSON HAS A  REASON-
 ABLE EXPECTATION OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT;
 OR
   2. (A) FOR NO LEGITIMATE PURPOSE, HE OR SHE INTENTIONALLY VIEWS, WITH-
 OUT  THE USE 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 MOTEL, HOTEL OR INN, WITHOUT SUCH
 PERSON'S KNOWLEDGE OR CONSENT.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, WHEN A PERSON VIEWS A PERSON
 WITHOUT THE USE OF AN  IMAGING  DEVICE  IN  A  BEDROOM,  CHANGING  ROOM,
 FITTING  ROOM,  RESTROOM, TOILET, BATHROOM, WASHROOM, SHOWER OR ANY ROOM
 ASSIGNED TO GUESTS OR PATRONS IN A HOTEL,  MOTEL  OR  INN,  THERE  IS  A
 REBUTTABLE  PRESUMPTION  THAT  SUCH  PERSON  DID  SO  FOR  NO LEGITIMATE
 PURPOSE; OR
   3. FOR HIS OR HER OWN AMUSEMENT, ENTERTAINMENT, PROFIT, SEXUAL AROUSAL
 OR GRATIFICATION, OR FOR THE PURPOSE OF DEGRADING OR ABUSING  A  PERSON,
 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.
              

                                                            LBD02658-01-1

 A. 2386                             2
 
 SUCH PERSON IN AN IDENTIFIABLE MANNER ENGAGING  IN  SEXUAL  CONDUCT,  AS
 DEFINED  IN  SUBDIVISION  TEN OF SECTION 130.00 OF THIS PART, AT A PLACE
 AND TIME WHEN SUCH PERSON HAS A REASONABLE EXPECTATION OF PRIVACY  WITH-
 OUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
   VOYEURISM IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
 § 250.52 VOYEURISM IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF VOYEURISM IN THE FIRST DEGREE WHEN HE OR SHE
 COMMITS THE CRIME OF VOYEURISM IN THE SECOND DEGREE AND HAS BEEN  PREVI-
 OUSLY  CONVICTED  WITHIN THE PAST TEN YEARS OF VOYEURISM IN THE FIRST OR
 SECOND DEGREE.
   VOYEURISM IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
   § 2. Subdivision 1 of section 250.65 of the penal  law,  as  added  by
 chapter 69 of the laws of 2003, is amended to read as follows:
   1.  The  provisions of sections 250.45, 250.50, 250.51, 250.52, 250.55
 and 250.60 of this article do not apply with respect  to  any:  (a)  law
 enforcement personnel, FIREFIGHTERS, HEALTHCARE PROFESSIONALS OR CORREC-
 TIONAL  FACILITY  PERSONNEL  engaged  in the conduct of their authorized
 duties; (b) security system wherein a written  notice  is  conspicuously
 posted on the premises stating that a video surveillance system has been
 installed for the purpose of security; or (c) video surveillance devices
 installed in such a manner that their presence is clearly and immediate-
 ly obvious.
   § 3. This act shall take effect immediately.