What's happening
This bill establishes the crimes of voyeurism in the first and second degree, specifying penalties and exceptions for certain professionals.
Why it matters
Expands protection against non-consensual viewing. The bill specifically criminalizes intentionally watching someone undress, use the bathroom, or engage in sexual acts without their knowledge or consent—even when no camera or recording device is used. This closes a gap in existing law that focused mostly on image-based offenses.
Escalating penalties for repeat offenders. By creating a first degree offense for those previously convicted of voyeurism within ten years, the law establishes harsher consequences for repeat violations, signaling increased seriousness and deterrence for persistent offenders.
Defines clear exceptions for professionals. Law enforcement, firefighters, healthcare professionals, and correctional facility staff are exempt when acting within their official duties, recognizing circumstances where privacy might be breached for safety, medical, or security reasons without criminal intent.
Addresses privacy in sensitive locations. The law emphasizes protection in private spaces such as bedrooms, bathrooms, changing rooms, and hotel rooms, and presumes intent to violate privacy in these environments, making prosecution potentially easier when such spaces are involved.
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Make Voyeurism a Crime
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make Voyeurism a Crime
In Senate Committee · Codes · Sponsor Shelley Mayer
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8649
2019-2020 Regular Sessions
IN ASSEMBLY
October 2, 2019
Introduced by M. of A. FAHY -- read once and referred to the Committee on Codes
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 Assembly, do enact as follows:
Section 1. The penal law is amended by adding two new sections 250.51 and 250.52 to read as follows: § 250.51 Voyeurism in the second degree.
A person is guilty of voyeurism in the second degree when:
1. For his or her own amusement, entertainment, profit, sexual arousal or sexual gratification, or for the purpose of degrading or abusing a person, he or she intentionally views, without the use of an imaging device, a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or
2. (a) For no legitimate purpose, he or she intentionally views, without the use of an imaging device, a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a motel, hotel or inn, without such person's knowledge or consent.
(b) For the purposes of this subdivision, when a person views a person without the use of an imaging device in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a hotel, motel or inn, there is a rebuttable presumption that such person did so for no legitimate purpose; or
3. For his or her own amusement, entertainment, profit, sexual arousal or gratification, or for the purpose of degrading or abusing a person, 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
A. 8649 2
such person in an identifiable manner engaging in sexual conduct, as defined in subdivision ten of section 130.00 of this part, at a place and time when such person has a reasonable expectation of privacy without such person's knowledge or consent.
Voyeurism in the second degree is a class B misdemeanor. § 250.52 Voyeurism in the first degree.
A person is guilty of voyeurism in the first degree when he or she commits the crime of voyeurism in the second degree and has been previously convicted within the past ten years of voyeurism in the first or second degree.
Voyeurism in the first degree is a class A misdemeanor.
§ 2. Subdivision 1 of section 250.65 of the penal law, as added by chapter 69 of the laws of 2003, is amended to read as follows:
1. The provisions of sections 250.45, 250.50, 250.51, 250.52, 250.55 and 250.60 of this article do not apply with respect to any: (a) law enforcement personnel, firefighters, healthcare professionals or correctional facility personnel engaged in the conduct of their authorized duties; (b) security system wherein a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security; or (c) video surveillance devices installed in such a manner that their presence is clearly and immediately obvious.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.