Establishes the crime of unlawful surveillance in the third degree; provides that no person shall videotape a child under the age of twelve in a day care, group family day care, or family day care without proper consent.
STATE OF NEW YORK
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1752
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
___________
Introduced by M. of A. CROUCH, McDONOUGH, MORINELLO, RAIA -- read once
and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to unlawful surveillance in
the third degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 250.44 to
2 read as follows:
3 § 250.44 Unlawful surveillance in the third degree.
4 A person is guilty of unlawful surveillance in the third degree when,
5 for his or her own, or another person's amusement, entertainment,
6 profit, or sexual arousal or sexual gratification, he or she inten-
7 tionally uses or installs, or permits the utilization or installation of
8 an imaging device to record a child under the age of twelve, while such
9 child is attending a day care, group family day care, or family day care
10 without such child's parent's or legal guardian's knowledge and consent,
11 or the knowledge and consent of any person charged with the temporary
12 care or custody of such child. Knowledge and consent shall be presumed
13 to have been obtained where the person using or installing or permitting
14 the utilization or installation of an imaging device is a parent or
15 legal guardian of a child being recorded or acting at such person's
16 request, provided such recording is not being done surreptitiously or
17 for the sexual arousal or sexual gratification of the person undertaking
18 the recording or another person.
19 Unlawful surveillance in the third degree is a class A misdemeanor.
20 § 2. The opening paragraph of section 250.40 of the penal law, as
21 added by chapter 69 of the laws of 2003, is amended to read as follows:
22 The following definitions shall apply to sections 250.44, 250.45,
23 250.50, 250.55 and 250.60 of this article:
24 § 3. Section 250.60 of the penal law, as added by chapter 69 of the
25 laws of 2003, subdivision 1 as amended by chapter 193 of the laws of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02976-01-9
A. 1752 2
1 2014, and subdivision 2 as amended by chapter 157 of the laws of 2003,
2 is amended to read as follows:
3 § 250.60 Dissemination of an unlawful surveillance image in the first
4 degree.
5 A person is guilty of dissemination of an unlawful surveillance image
6 in the first degree when:
7 1. He or she, with knowledge of the unlawful conduct by which an image
8 or images of the sexual or other intimate parts of another person or
9 persons were obtained and such unlawful conduct would satisfy the essen-
10 tial elements of the crime of unlawful surveillance in the first [or],
11 second or third degree, as defined, respectively, in section 250.50
12 [or], 250.45 or 250.44 of this article, sells or publishes such image or
13 images; or
14 2. Having created a surveillance image in violation of section 250.44,
15 250.45 or 250.50 of this article, or in violation of the law in any
16 other jurisdiction which includes all of the essential elements of
17 either such crime, or having acted as an accomplice to such crime, or
18 acting as an agent to the person who committed such crime, he or she
19 intentionally disseminates such unlawfully created image; or
20 3. He or she commits the crime of dissemination of an unlawful
21 surveillance image in the second degree and has been previously
22 convicted within the past ten years of dissemination of an unlawful
23 surveillance image in the first [or], second or third degree.
24 Dissemination of an unlawful surveillance image in the first degree is
25 a class E felony.
26 § 4. Subdivision 1 of section 250.65 of the penal law, as added by
27 chapter 69 of the laws of 2003, is amended to read as follows:
28 1. The provisions of sections 250.44, 250.45, 250.50, 250.55 and
29 250.60 of this article do not apply with respect to any: (a) law
30 enforcement personnel engaged in the conduct of their authorized duties;
31 (b) security system wherein a written notice is conspicuously posted on
32 the premises stating that a video surveillance system has been installed
33 for the purpose of security; or (c) video surveillance devices installed
34 in such a manner that their presence is clearly and immediately obvious.
35 § 5. This act shall take effect on the first of November next succeed-
36 ing the date on which it shall have become a law.
