S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5011
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09522-01-3
              

 S. 5011                             2
 
 CHAPTER,  AND  NOT IN PLAIN VIEW, AND (C) UNDER CIRCUMSTANCES WHERE SUCH
 OTHER PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.
   §  2.  Section  250.50 of the penal law, as added by chapter 69 of the
 laws of 2003, is amended to read as follows:
 § 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.