STATE OF NEW YORK
________________________________________________________________________
6703
2019-2020 Regular Sessions
IN SENATE
September 11, 2019
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 intentionally views, without the use of an imaging
8 device, a person dressing or undressing or the sexual or other intimate
9 parts of such person at a place and time when such person has a reason-
10 able expectation of privacy, without such person's knowledge or consent;
11 or
12 2. (a) For no legitimate purpose, he or she intentionally views, with-
13 out the use of an imaging device, a person in a bedroom, changing room,
14 fitting room, restroom, toilet, bathroom, washroom, shower or any room
15 assigned to guests or patrons in a motel, hotel or inn, without such
16 person's knowledge or consent.
17 (b) For the purposes of this subdivision, when a person views a person
18 without the use of an imaging device in a bedroom, changing room,
19 fitting room, restroom, toilet, bathroom, washroom, shower or any room
20 assigned to guests or patrons in a hotel, motel or inn, there is a
21 rebuttable presumption that such person did so for no legitimate
22 purpose; or
23 3. For his or her own amusement, entertainment, profit, sexual arousal
24 or gratification, or for the purpose of degrading or abusing a person,
25 the actor intentionally views, without the use of an imaging device,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13668-01-9
S. 6703 2
1 such person in an identifiable manner engaging in sexual conduct, as
2 defined in subdivision ten of section 130.00 of this part, at a place
3 and time when such person has a reasonable expectation of privacy with-
4 out such person's knowledge or consent.
5 Voyeurism in the second degree is a class B misdemeanor.
6 § 250.52 Voyeurism in the first degree.
7 A person is guilty of voyeurism in the first degree when he or she
8 commits the crime of voyeurism in the second degree and has been previ-
9 ously convicted within the past ten years of voyeurism in the first or
10 second degree.
11 Voyeurism in the first degree is a class A misdemeanor.
12 § 2. Subdivision 1 of section 250.65 of the penal law, as added by
13 chapter 69 of the laws of 2003, is amended to read as follows:
14 1. The provisions of sections 250.45, 250.50, 250.51, 250.52, 250.55
15 and 250.60 of this article do not apply with respect to any: (a) law
16 enforcement personnel, firefighters, healthcare professionals or correc-
17 tional facility personnel engaged in the conduct of their authorized
18 duties; (b) security system wherein a written notice is conspicuously
19 posted on the premises stating that a video surveillance system has been
20 installed for the purpose of security; or (c) video surveillance devices
21 installed in such a manner that their presence is clearly and immediate-
22 ly obvious.
23 § 3. This act shall take effect immediately.
