STATE OF NEW YORK
________________________________________________________________________
6863
2009-2010 Regular Sessions
IN ASSEMBLY
March 13, 2009
___________
Introduced by M. of A. SCOZZAFAVA, McDONOUGH -- Multi-Sponsored by -- M.
of A. ALFANO, BACALLES, BARCLAY, BURLING, CALHOUN, CONTE, ERRIGO,
FINCH, FITZPATRICK, GIGLIO, HAYES, KOLB, MILLER, OAKS, O'MARA, QUINN,
RABBITT, RAIA, SALADINO, SAYWARD, TEDISCO, THIELE, WALKER -- read once
and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of eavesdropping
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 250.05 of the penal law, as amended by chapter 744
2 of the laws of 1988, is amended to read as follows:
3 § 250.05 Eavesdropping.
4 A person is guilty of eavesdropping when he or she unlawfully engages
5 in wiretapping, mechanical overhearing of a conversation, or intercept-
6 ing or accessing of an electronic communication, except when a parent or
7 legal guardian is intercepting a communication between the child and a
8 family member or any third party, where the parent or legal guardian
9 suspects that the child is involved in an illegal sexual relationship or
10 the subject of an attempted luring, and the basis for intercepting such
11 communication is motivated by good faith concern by the parent or legal
12 guardian for the child's welfare and/or safety.
13 Eavesdropping is a class E felony.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08555-01-9
