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Sponsor's memo
BILL NUMBER:S6228
Title of bill
An act to amend the penal law, in relation to unlawful surveillance
Purpose
To establish the crime of unlawful surveillance in the third degree.
Summary of provisions
Section 1 amends the Penal Law by adding a new section 250.42. Section 250.42 establishes the crime of unlawful surveillance in the third degree. Subdivision 1 provides that an adult is guilty of unlawful surveillance in the third degree when such adult uses an imaging device to view, broadcast or record a child under the age of twelve, without the knowledge or consent of the child's parent or guardian, and when such adult does so with the criminal intent of using and disseminating such material for an unlawful purpose. Subdivision 2 provides that section 250.42 does not apply to an imaging device that captures images or videos incidentally or as a result of lawful recording which does not have the child as the intended subject. Subdivision 2 also provides that section 250.42 does not apply to an image, video or recording that is lawfully captured by a security camera. Unlawful surveillance in the third degree is a class A misdemeanor.
Section 2 provides that this act shall take effect on the 120th day after it shall have become law.
Justification
This bill is necessary to protect children from unlawful surveillance by adults. The more serious crimes of unlawful surveillance in the first and second degree already exist in statute. This bill establishes the crime of unlawful surveillance in the third degree. It's enactment is necessary to further protect children from adults, who possessing a criminal intent, seek to capture images of children and use such images for an unlawful purpose.
New technological innovations are being released for sale in the marketplace almost every day. Many of these innovations have the ability to perform multiple functions, including the ability to take pictures or record videos. Therefore, this bill also is necessary to update the laws regarding unlawful surveillance. This bill will criminalize the actions of those who seek to unlawfully record children. It will also provide a punishment that is befitting the crime.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect on the 120th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.