Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises

Summary of provisions

Section one adds a new section to create the right to sue for damages for the unauthorized video imaging of a residential premises. A person is guilty of this action if he or she intentionally uses or installs, or Permits to be, used, or installed, a video imaging system that allows the unwarranted video imaging of an adjoining residential property owner's backyard premise without the property owner's written consent." Backyard is defined as the portion of the parcel on which the residential parcel is located which extends beyond the rear footprint of the residential dwelling to the rear and side boundary lines of such parcel.

Section two provides the date that the act shall take effect.

Justification

In 2003, Stephanie's Law was signed into law. This bill seeks to close a gap in that law. Stephanie's Law was named after Stephanie Fuller, a woman who discovered that she was being secretly videotaped in her bedroom by her landlord. This law sought to expand protections of privacy to include incidents where voyeurs used new types of technology.

Stephanie discovered that she was being videotaped by her landlord when her boyfriend noticed strange wires coming out of the smoke alarm in her bedroom. Because her landlord used a video camera that was not filming Stephanie through her window, he could not be charged with violating New York's "Peeping Tom" laws.

Under Stephanie's Law, unlawful Surveillance is now a Class E felony, punishable by up to four years imprisonment for first rime offenders, and up to seven years for repeat offenders (N.Y. Crim. Pen. L. 250.5).

Several other states have also enacted their own versions of Stephanie's Law, including: Washington, Tennessee, Wisconsin, Virginia, California, and Illinois. All of these anti-voyeurism laws focus their protection of privacy on the physical location where the incident occurred rather than on the individual privacy invasion committed.

Currently, New York contains no restrictions to control videotaping which monitors a neighbor's back yard. Penal Law Sections 250.40 et seq. only establishes criminal penalties for unlawful video surveillance when the videotaping occurs in a setting with a "reasonable expectation of privacy" (i.e. a bathroom or changing

room), or if a perpetrator had to trespass on property to videotape or install a camera.

In at least one instance, a family has been subject to undue stress and concern for their young children's safety when they were subject to constant camera surveillance while swimming or sunbathing in their own backyard by an adjoining neighbor who is a registered sex offender. However, because New York State law provides no protection from unwarranted and potentially dangerous video observation and recording, there is little that can be done to prevent this unnerving intrusion.

This legislation would help to ensure that the rights of adjoining landowners are subordinate to the rights of individuals who wish to enjoy backyard recreational activities with a certain expectation of privacy. Owners who do not care about their neighbor's video imaging can authorize such observation via written consent. No right of privacy is afforded when the imaging is done by a law enforcement officer in the course of their official duties.

Legislative history

2012: S.7111 Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law and shall apply to acts occurring on or after such date.