Establishes a private right of action for owners and tenants of residential premises against person video taping recreational activities in the backyard of such premises.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9695
SPONSOR: Palmesano TITLE OF BILL: An act to amend the civil rights law, in relation to
establishing private right of action for unwarranted video imaging of
residential premises
PURPOSE:
The purpose of this legislation is to establish a right of action for
damages from the unauthorized invasion of privacy by video surveillance
of an individual's recreational activities which occur in their own
backyard.
SUMMARY OF PROVISIONS:
Section one adds a new section to create the right to sue for damages
for the unauthorized video imaging of a residential premises. A person
is guilty of this action if he or she intentionally uses or installs, or
Permits to be, used, or installed, a video imaging system that allows
the unwarranted video imaging of an adjoining residential property
owner's backyard premise without the property owner's written consent.
"Backyard is defined as the portion of the parcel on which the residen-
tial parcel is located which extends beyond the rear footprint of the
residential dwelling to the rear and side boundary lines of such parcel.
Section two provides the date that the act shall take effect.
JUSTIFICATION:
In 2003, Stephanie's Law was signed into law. This bill seeks to close a
gap in that law. Stephanie's Law was named after Stephanie Fuller, a
woman who discovered that she was being secretly videotaped in her
bedroom by her landlord. This law sought to expand protections of priva-
cy to include incidents where voyeurs used new types of technology.
Stephanie discovered that she was being videotaped by her landlord when
her boyfriend noticed strange wires coming out of the smoke alarm in her
bedroom. Because her landlord used a video camera that was not filming
Stephanie through her window, he could not be charged with violating New
York's "Peeping Tom" laws.
Under Stephanie's Law, unlawful Surveillance is now a Class E felony,
punishable by up to four years imprisonment for first time offenders,
and up to seven years for repeat offenders (N.Y. Crim. Pen. L. § 250.5).
Several other states have also enacted their own versions of Stephanie's
Law, including: Washington, Tennessee, Wisconsin, Virginia, California,
and Illinois. All of these anti-voyeurism laws focus their protection of
privacy on the physical location where the incident occurred rather than
on the individual privacy invasion committed.
Currently, New York contains no restrictions to control videotaping
which monitors a neighbor's back yard. Penal Law Sections 250.40 et seq.
only establishes criminal penalties for unlawful video surveillance when
the videotaping occurs in a setting with a "reasonable expectation of
privacy" (i.e. a bathroom or changing room), or if a perpetrator had to
trespass on property to videotape or install a camera.
In at least one instance, a family has been subject to undue stress and
concern for their young children's safety when they were subject to
constant camera surveillance while swimming or sunbathing in their own
backyard by an adjoining neighbor who is a registered sex offender.
However, because New York State law provides no protection from unwar-
ranted and potentially dangerous video observation and recording, there
is little that can be done to prevent this unnerving intrusion.
This legislation would help to ensure that the rights of adjoining land-
owners are subordinate to the rights of individuals who wish to enjoy
backyard recreational activities with a certain expectation of privacy.
Owners who do not care about their neighbor's video imaging can author-
ize such observation via written consent. No right of privacy is
afforded when the imaging is done by a law enforcement officer in the
course of their official duties.
LEGISLATIVE HISTORY:
2013 Passed Senate
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to acts occurring on or after such date.
