Provides for the creation of the crime of unlawful (surreptitious) video surveillance (in a premises without consent) and makes such crime a class E felony; exempts law enforcement personnel lawfully engaged in the conduct of their authorized duties, posted security systems and clearly obvious video surveillance from such new crime; also adds the new crime of disseminating an unlawful surveillance image in the second degree and makes a violation thereof a class A misdemeanor; establishes the crime of dissemination of an unlawful surveillance in the first degree a class E felony.
STATE OF NEW YORK
________________________________________________________________________
8926
2003-2004 Regular Sessions
IN ASSEMBLY
June 11, 2003
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger,
Lentol, Silver, Canestrari, Ortiz, Seddio, Galef, Higgins, Paulin,
Ramos, Aubertine, Bing, Colton, Conte, Cook, Cusick, Gianaris, Gran-
nis, Gunther, Hooper, Karben, Koon, Lafayette, Lavelle, Lifton, Magee,
Magnarelli, Markey, McEneny, Millman, Oaks, Sidikman, Sweeney, Tocci,
Towns) -- (at request of the Governor) -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to surreptitious surveillance
without consent and disseminating an unlawful recording thereof and to
amend the correction law, in relation to registration under the sex
offender registration act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Stephanie's
2 Law."
3 § 2. Subdivision 8 of section 250.00 of the penal law, as amended by
4 chapter 744 of the laws of 1988, is amended to read as follows:
5 8. "Unlawfully" means not specifically authorized pursuant to article
6 seven hundred or seven hundred five of the criminal procedure law for
7 the purposes of this section and sections 250.05, 250.10, 250.15,
8 250.20, 250.25, 250.30 and 250.35 of this article.
9 § 3. The penal law is amended by adding six new sections 250.40,
10 250.45, 250.50, 250.55, 250.60 and 250.65 to read as follows:
11 § 250.40 Unlawful surveillance; definitions.
12 The following definitions shall apply to sections 250.45, 250.50,
13 250.55 and 250.60 of this article:
14 1. "Place and time when a person has a reasonable expectation of
15 privacy" means a place and time when a reasonable person would believe
16 that he or she could fully disrobe in privacy.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04461-10-3
A. 8926 2
1 2. "Imaging device" means any mechanical, digital or electronic view-
2 ing device, camera or any other instrument capable of recording, storing
3 or transmitting visual images that can be utilized to observe a person.
4 3. "Sexual or other intimate parts" means the human male or female
5 genitals, pubic area or buttocks, or the female breast below the top of
6 the nipple, and shall include such part or parts which are covered only
7 by an undergarment.
8 4. "Broadcast" means electronically transmitting a visual image with
9 the intent that it be viewed by a person.
10 5. "Disseminate" means to give, provide, lend, deliver, mail, send,
11 forward, transfer or transmit, electronically or otherwise to another
12 person.
13 6. "Publish" means to (a) disseminate, as defined in subdivision five
14 of this section, with the intent that such image or images be dissem-
15 inated to ten or more persons; or (b) disseminate with the intent that
16 such images be sold by another person; or (c) post, present, display,
17 exhibit, circulate, advertise or allows access, electronically or other-
18 wise, so as to make an image or images available to the public; or (d)
19 disseminate with the intent that an image or images be posted,
20 presented, displayed, exhibited, circulated, advertised or made accessi-
21 ble, electronically or otherwise and to make such image or images
22 available to the public.
23 7. "Sell" means to disseminate to another person, as defined in subdi-
24 vision five of this section, or to publish, as defined in subdivision
25 six of this section, in exchange for something of value.
26 § 250.45 Unlawful surveillance in the second degree.
27 A person is guilty of unlawful surveillance in the second degree when:
28 1. For his or her own, or another person's amusement, entertainment,
29 or profit, or for the purpose of degrading or abusing a person, he or
30 she intentionally uses or installs, or permits the utilization or
31 installation of an imaging device to surreptitiously view, broadcast or
32 record a person dressing or undressing or the sexual or other intimate
33 parts of such person at a place and time when such person has a reason-
34 able expectation of privacy, without such person's knowledge or consent.
35 2. For his or her own, or another person's sexual arousal or sexual
36 gratification, he or she intentionally uses or installs, or permits the
37 utilization or installation of an imaging device to surreptitiously
38 view, broadcast or record a person dressing or undressing or the sexual
39 or other intimate parts of such person at a place and time when such
40 person has a reasonable expectation of privacy, without such person's
41 knowledge or consent.
42 3. (a) For no legitimate purpose, he or she intentionally uses or
43 installs, or permits the utilization or installation of an imaging
44 device to surreptitiously view, broadcast or record a person in a
45 bedroom, changing room, fitting room, restroom, toilet, bathroom, wash-
46 room, shower or any room assigned to guests or patrons in a motel, hotel
47 or inn, without such person's knowledge or consent.
48 (b) For the purposes of this subdivision, when a person uses or
49 installs, or permits the utilization or installation of an imaging
50 device in a bedroom, changing room, fitting room, restroom, toilet,
51 bathroom, washroom, shower or any room assigned to guests or patrons in
52 a hotel, motel or inn, there is a rebuttable presumption that such
53 person did so for no legitimate purpose.
54 4. Without the knowledge or consent of a person, he or she inten-
55 tionally uses or installs, or permits the utilization or installation of
56 an imaging device to surreptitiously view, broadcast or record, under
A. 8926 3
1 the clothing being worn by such person, the sexual or other intimate
2 parts of such person.
3 Unlawful surveillance in the second degree is a class E felony.
4 § 250.50 Unlawful surveillance in the first degree.
5 A person is guilty of unlawful surveillance in the first degree when
6 he or she commits the crime of unlawful surveillance in the second
7 degree and has been previously convicted within the past ten years of
8 unlawful surveillance in the first or second degree.
9 Unlawful surveillance in the first degree is a class D felony.
10 § 250.55 Dissemination of an unlawful surveillance image in the second
11 degree.
12 A person is guilty of dissemination of an unlawful surveillance image
13 in the second degree when he or she, with knowledge of the unlawful
14 conduct by which an image or images of the sexual or other intimate
15 parts of another person or persons were obtained and such unlawful
16 conduct would satisfy the essential elements of the crime of unlawful
17 surveillance in the first or second degree, intentionally disseminates
18 such image or images.
19 Dissemination of an unlawful surveillance image in the second degree
20 is a class A misdemeanor.
21 § 250.60 Dissemination of an unlawful surveillance image in the first
22 degree.
23 A person is guilty of dissemination of an unlawful surveillance image
24 in the first degree when:
25 1. He or she, with knowledge of the unlawful conduct by which an image
26 or images of the sexual or other intimate parts of another person or
27 persons were obtained and such unlawful conduct would satisfy the essen-
28 tial elements of the crime of unlawful surveillance in the first or
29 second degree, sells or publishes such image or images.
30 2. Having created a surveillance image in violation of section 250.45
31 or 250.50 of this article, or in violation of the law in any other
32 jurisdiction which includes all of the essential elements of either such
33 crime, or having acted as an accomplice to such crime, or acting as an
34 agent to the person who committed such crime, he or she intentionally
35 disseminates such unlawfully created image.
36 3. He or she commits the crime of dissemination of an unlawful
37 surveillance image in the second degree and has been previously
38 convicted within the past ten years of dissemination of an unlawful
39 surveillance image in the first or second degree.
40 Dissemination of an unlawful surveillance image in the first degree is
41 a class E felony.
42 § 250.65 Additional provisions.
43 1. The provisions of sections 250.45, 250.50, 250.55 and 250.60 of
44 this article do not apply with respect to any: (a) law enforcement
45 personnel engaged in the conduct of their authorized duties; (b) securi-
46 ty system wherein a written notice is conspicuously posted on the prem-
47 ises stating that a video surveillance system has been installed for the
48 purpose of security; or (c) video surveillance devices installed in such
49 a manner that their presence is clearly and immediately obvious.
50 2. With respect to sections 250.55 and 250.60 of this article, the
51 provisions of subdivision two of section 235.15 and subdivisions one and
52 two of section 235.24 of this chapter shall apply.
53 § 4. Paragraph (a) of subdivision 2 of section 168-a of the correction
54 law, as amended by chapter 11 of the laws of 2002, is amended and a new
55 paragraph (e) is added to read as follows:
A. 8926 4
1 (a) (i) a conviction of or a conviction for an attempt to commit any
2 of the provisions of sections 130.20, 130.25, 130.30, 130.40, 130.45,
3 130.60, 250.50 and 255.25 or article two hundred sixty-three of the
4 penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law
5 relating to kidnapping offenses, provided the victim of such kidnapping
6 or related offense is less than seventeen years old and the offender is
7 not the parent of the victim, or sections 230.04, where the person
8 patronized is in fact less than seventeen years of age, 230.05 or 230.06
9 or subdivision two of section 230.30, section 230.32 of the penal law,
10 or (ii) a conviction of or a conviction for an attempt to commit any of
11 the provisions of section 235.22 of the penal law, or (iii) a conviction
12 of or a conviction for an attempt to commit any provisions of the fore-
13 going sections committed or attempted as a hate crime defined in section
14 485.05 of the penal law or as a crime of terrorism defined in section
15 490.25 of such law; or
16 (e) a conviction of any of the provisions of subdivision two, three or
17 four of section 250.45 of the penal law, unless upon motion by the
18 defendant, the trial court, having regard to the nature and circum-
19 stances of the crime and to the history and character of the defendant,
20 is of the opinion that registration would be unduly harsh and inappro-
21 priate.
22 § 5. Paragraph (a) of subdivision 1 of section 168-d of the correction
23 law, as amended by chapter 11 of the laws of 2002, is amended to read as
24 follows:
25 (a) Except as provided in paragraphs (b) and (c) of this subdivision,
26 upon conviction of any of the offenses set forth in subdivision two or
27 three of section one hundred sixty-eight-a of this article the court
28 shall certify that the person is a sex offender and shall include the
29 certification in the order of commitment, if any, and judgment of
30 conviction, except as provided in paragraph (e) of subdivision two of
31 section one hundred sixty-eight-a of this article. The court shall also
32 advise the sex offender of his or her duties under this article. Failure
33 to include the certification in the order of commitment or the judgment
34 of conviction shall not relieve a sex offender of the obligations
35 imposed by this article.
36 § 6. This act shall take effect on the sixtieth day after it shall
37 have become a law.
