S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3909
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A. FAHY, BURDICK, McMAHON, SIMON, GLICK, DAVILA,
   SILLITTI, LUPARDO, BUTTENSCHON  --  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 TRESPASSES, AS DEFINED IN SECTION 140.05 OF THIS PART,
 FOR THE PURPOSE OF VIEWING 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 REASONABLE EXPECTATION OF PRIVACY, AS DEFINED  IN  SUBDIVI-
 SION  ONE OF SECTION 250.40 OF THIS ARTICLE, WITHOUT SUCH PERSON'S KNOW-
 LEDGE OR CONSENT; OR
   2. FOR HIS OR HER OWN AMUSEMENT, ENTERTAINMENT, PROFIT, SEXUAL AROUSAL
 OR SEXUAL GRATIFICATION, OR FOR THE PURPOSE OF DEGRADING  OR  ABUSING  A
 PERSON, THE ACTOR TRESPASSES, AS DEFINED IN SECTION 140.05 OF THIS PART,
 FOR  THE  PURPOSE OF VIEWING A 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 EXPEC-
 TATION OF PRIVACY, AS DEFINED IN SUBDIVISION ONE OF  SECTION  250.40  OF
 THIS ARTICLE, WITHOUT 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03459-01-3
              

 A. 3909                             2
 
 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.