S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    524
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. MAYER, ADDABBO, GOUNARDES, MURRAY -- 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 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 SUCH PERSON'S  OWN  AMUSEMENT,  ENTERTAINMENT,  PROFIT,  SEXUAL
 AROUSAL  OR  SEXUAL  GRATIFICATION,  OR  FOR THE PURPOSE OF DEGRADING OR
 ABUSING A PERSON, SUCH PERSON 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
 SUBDIVISION ONE OF SECTION 250.40 OF THIS ARTICLE, WITHOUT SUCH PERSON'S
 KNOWLEDGE OR CONSENT; OR
   2. FOR SUCH PERSON'S  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  REASON-
 ABLE  EXPECTATION  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01389-01-5
              

 S. 524                              2
 
   A PERSON IS GUILTY OF VOYEURISM IN THE FIRST DEGREE WHEN  SUCH  PERSON
 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.