Prohibits the recording of visual images of a person having a reasonable expectation of privacy while within a dwelling, when such images are recorded by another person outside the dwelling; makes such a violation a misdemeanor and establishes civil liability by private cause of action.
STATE OF NEW YORK
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7427
2021-2022 Regular Sessions
IN ASSEMBLY
May 7, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the civil rights law, in relation to capturing the visu-
al image of a person within a dwelling when such person has a reason-
able expectation of privacy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 50 of the civil rights law
2 is designated subdivision 1 and a new subdivision 2 is added to read as
3 follows:
4 2. A person who, while located outside a dwelling, knowingly records
5 or captures a visual image of another person within a dwelling and
6 having a reasonable expectation of privacy therein, shall be guilty of a
7 misdemeanor. For the purposes of this subdivision, "dwelling" shall have
8 the same meaning as provided in subdivision three of section 140.00 of
9 the penal law.
10 § 2. The opening paragraph of section 51 of the civil rights law is
11 designated subdivision 1 and a new subdivision 2 is added to read as
12 follows:
13 2. Any person whose visual image is recorded or captured in violation
14 of subdivision two of section fifty of this article may maintain an
15 equitable action in the supreme court of this state against any person
16 recording, capturing or disseminating such visual image, to prevent the
17 viewing or dissemination thereof; and may also sue and recover damages
18 for any injuries sustained by reason of such viewing or dissemination
19 and if the defendant shall have knowingly viewed or disseminated such
20 person's visual image captured or recorded in violation of subdivision
21 two of section fifty of this article, the jury, in its discretion, may
22 award exemplary damages.
23 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08260-01-1
