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History
- Referred to codes
Full text
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Title of bill
An act to amend the penal law, in relation to unlawful surveillance
Purpose
To expand upon the unlawful surveillance offenses of the penal law.
Summary of provisions
Section 1 amends subdivisions 4 and 5 of section 250.45 of the penal law, subdivision 4 as amended and subdivision 5 as added by chapter 193 of the laws of 2014 and adds a new subdivision 6 providing it shall be unlawful surveillance in the second degree for a person to commit trespass for his or her own sexual arousal or gratification and observe, in other than a casual or cursory manner, another person without the knowledge or consent of such other person, while such other person is inside a dwelling and not in plain view, and under circumstances where such other person has a reasonable expectation of privacy.
Section 2 amends section 250.50 of the penal law, as added by chapter 69 of the laws of 2003, providing it shall be unlawful surveillance in the first degree to commit the crime of unlawful surveillance in the second degree with a previous sex offense or prostitution offense conviction, or when the intended subject of the offense is a person under 16.
Section 3 provides this act shall take effect on the ninetieth day after it shall have become a law.
Existing law
Current unlawful surveillance in the second degree provisions focus on imaging devices and broadcasting. Unlawful surveillance in the first degree is now the second degree offense with a previous unlawful surveillance conviction within the past ten years.
Justification
Current provisions of the penal law do not sufficiently cover voyeurism, which is often committed without the use of imaging or broadcasting devices. It should be deemed unlawful surveillance to commit trespass for the purpose of observing someone without his or her knowledge or consent, who is inside a dwelling and not in plain view, under circumstances where there is a reasonable expectation of privacy, for the purpose of sexual arousal or gratification. Further, it should be considered a serious offense to commit unlawful surveillance with prior sex or prostitution offenses or when targeting children.
Legislative history
New bill
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.