What's happening
This bill makes it a misdemeanor to record or capture images of someone inside their home without consent and allows victims to sue for damages.
Why it matters
Strengthens privacy protections inside the home. The bill specifically targets situations where someone is recorded or photographed from outside their home, addressing technological advances (like telephoto lenses and drones) that can invade personal spaces once considered private.
Establishes both criminal and civil consequences. By making the act a misdemeanor and creating a right to sue for damages, the legislation gives victims multiple avenues for recourse, which may deter would-be offenders more effectively than criminal penalties alone.
Empowers victims to control and prevent further harm. Victims can seek court orders to stop further viewing or sharing of any images or recordings, helping to limit ongoing emotional or reputational damage, not just punish the initial invasion.
Promotes accountability for dissemination. The law covers not only the original person who records or captures the image, but also those who knowingly view or distribute such images, expanding liability and discouraging the spread of invasive material.
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Who cares
Headline styles
Ban Peeping Into Homes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1648
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to capturing the visual image of a person within a dwelling when such person has a reasonable expectation of privacy
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of section 50 of the civil rights law is designated subdivision 1 and a new subdivision 2 is added to read as follows:
2. A person who, while located outside a dwelling, knowingly records or captures a visual image of another person within a dwelling and having a reasonable expectation of privacy therein, shall be guilty of a misdemeanor. For the purposes of this subdivision, "dwelling" shall have the same meaning as provided in subdivision three of section 140.00 of the penal law.
§ 2. The opening paragraph of section 51 of the civil rights law is designated subdivision 1 and a new subdivision 2 is added to read as follows:
2. Any person whose visual image is recorded or captured in violation of subdivision two of section fifty of this article may maintain an equitable action in the supreme court of this state against any person recording, capturing or disseminating such visual image, to prevent the viewing or dissemination thereof; and may also sue and recover damages for any injuries sustained by reason of such viewing or dissemination and if the defendant shall have knowingly viewed or disseminated such person's visual image captured or recorded in violation of subdivision two of section fifty of this article, the jury, in its discretion, may award exemplary damages.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01990-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to capturing the visual image of a person within a dwelling when such person has a reasonable expectation of privacy
Purpose
To create a zone of privacy around the home which will prevent people from capturing and using the image of the residents within.
Summary of provisions
Section 1 - Amends § 50 of the civil rights law to include a prohibition on knowingly capturing the image of another person within a dwelling, when that person has a reasonable expectation of privacy. A person in violation of this section will be guilty of a misdemeanor.
Section 2 - Amends § 51 of the civil rights law to permit a person whose image is captured in violation of § 50 may maintain an equitable action, and may also sue for any damages incurred.
Existing law
Under the existing law, there is no protection for person's in their home. Images captured of people in their homes may be used in the course of artistic work. There are prohibitions on using another's person for adverting purposes.
Justification
In Foster v. Svenson (2015 N.Y. App.Div. LEXIS 3028), the plaintiffs sued the defendant for taking photographs of their children through their apartment windows and offering them for sale. The defendant Arne Svenson, a prominent photographer, using a telephoto camera lens, began a project where he covertly took pictures of his neighbors in their homes. Svenson went to far as to darken his own home, hiding in the shadows as he took pictures. After months of this behavior, the released a photograph series entitled "The Neighbors". In the promotional materials for the exhibit, the defendant stated that for his "subjects there is no question of privacy; they are performing behind a transparent scrim on a stage of their own creation with the curtain raised high." The plaintiffs were unaware that they were being photographed. Photographs of the plaintiffs included their son in his diaper, daughter in a swimsuit, and the other showed plaintiff holding up her daughter. The plaintiffs sued under Civil Rights law §§ 50 and 51. These sections guarantee a right to privacy. The defendant stated that his use of the images constituted art work and therefore was not included within the prohibition on using another person's image for "advertising or trade purpose". The court after extensive analysis concluded that the images were works of art, which was protected by the First Amendment. However, the court stated "undoubtedly, like plaintiffs, many people would be rightfully offended by the intrusive manner in which the photographs were taken in this case. However, such complaints are best addressed to the Legislature."
This bill seeks to create a zone of privacy around the home. As technologies advance, it will become easier for people to surreptitiously record and capture the images of their neighbors. This case illustrates the glaring absence of protection that people expect within the confines of their home and the bill seeks to remedy that, by protecting people in their homes from uninvited surveillance no matter the motive.
Legislative history
2015-16: S5383/A7804 - Codes/codes
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.