Establishes the crime of voyeurism in the first and second degree which is defined as when someone for their own amusement, entertainment, profit, sexual arousal or sexual gratification trespasses for the purpose of viewing a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent.
STATE OF NEW YORK
________________________________________________________________________
1053--A
Cal. No. 364
2021-2022 Regular Sessions
IN SENATE
January 6, 2021
___________
Introduced by Sens. MAYER, ADDABBO, GAUGHRAN, GOUNARDES, THOMAS -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the penal law, in relation to establishing the crime of
voyeurism in the first and second 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 two new sections 250.51
2 and 250.52 to read as follows:
3 § 250.51 Voyeurism in the second degree.
4 A person is guilty of voyeurism in the second degree when:
5 1. For his or her own amusement, entertainment, profit, sexual arousal
6 or sexual gratification, or for the purpose of degrading or abusing a
7 person, he or she trespasses, as defined in section 140.05 of this part,
8 for the purpose of viewing a person dressing or undressing or the sexual
9 or other intimate parts of such person at a place and time when such
10 person has a reasonable expectation of privacy, as defined in subdivi-
11 sion one of section 250.40 of this article, without such person's know-
12 ledge or consent; or
13 2. For his or her own amusement, entertainment, profit, sexual arousal
14 or sexual gratification, or for the purpose of degrading or abusing a
15 person, the actor trespasses, as defined in section 140.05 of this part,
16 for the purpose of viewing a person in an identifiable manner engaging
17 in sexual conduct, as defined in subdivision ten of section 130.00 of
18 this part, at a place and time when such person has a reasonable expec-
19 tation of privacy, as defined in subdivision one of section 250.40 of
20 this article, without such person's knowledge or consent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02658-03-2
S. 1053--A 2
1 Voyeurism in the second degree is a class B misdemeanor.
2 § 250.52 Voyeurism in the first degree.
3 A person is guilty of voyeurism in the first degree when he or she
4 commits the crime of voyeurism in the second degree and has been previ-
5 ously convicted within the past ten years of voyeurism in the first or
6 second degree.
7 Voyeurism in the first degree is a class A misdemeanor.
8 § 2. Subdivision 1 of section 250.65 of the penal law, as added by
9 chapter 69 of the laws of 2003, is amended to read as follows:
10 1. The provisions of sections 250.45, 250.50, 250.51, 250.52, 250.55
11 and 250.60 of this article do not apply with respect to any: (a) law
12 enforcement personnel, firefighters, healthcare professionals or correc-
13 tional facility personnel engaged in the conduct of their authorized
14 duties; (b) security system wherein a written notice is conspicuously
15 posted on the premises stating that a video surveillance system has been
16 installed for the purpose of security; or (c) video surveillance devices
17 installed in such a manner that their presence is clearly and immediate-
18 ly obvious.
19 § 3. This act shall take effect immediately.
