What's happening
This bill expands unlawful surveillance laws to include certain acts of trespassing for sexual gratification and increases penalties for repeat offenders and those targeting minors.
Why it matters
Broadens the scope of unlawful surveillance. by adding that trespassing for the purpose of sexual arousal or gratification—and observing someone inside their home without consent or in a non-casual way—now counts as unlawful surveillance, even if no recording device is used.
Closes legal loopholes. where perpetrators could previously avoid prosecution for acts like "peeping" or "voyeurism" if they did not use cameras or other imaging devices, thus strengthening privacy protections in private dwellings.
Significantly increases penalties. for repeat offenders and those targeting minors, making it a felony if the offender has prior convictions for related sexual or prostitution offenses, or if the victim is under 16, potentially deterring serial offenders and protecting vulnerable populations.
Reflects societal concern about evolving privacy threats. by updating laws to address both technological (imaging devices) and non-technological (in-person observation) invasions, recognizing the harm caused by both.
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Who cares
Headline styles
Tougher Unlawful Surveillance Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3037
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to unlawful surveillance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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, are amended and a new subdivision 6 is added to read as follows:
4. Without the knowledge or consent of a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record, under the clothing being worn by such person, the sexual or other intimate parts of such person; [or]
5. For his or her own, or another individual's amusement, entertainment, profit, sexual arousal or gratification, or for the purpose of degrading or abusing a person, the actor intentionally uses or installs or permits the utilization or installation of an imaging device to surreptitiously view, broadcast, or record such person in an identifiable manner:
(a) engaging in sexual conduct, as defined in subdivision ten of section 130.00 of this part;
(b) in the same image with the sexual or intimate part of any other person; and
(c) at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent[.] ; or
6. For his or her own sexual arousal or gratification, he or she commits trespass, as provided in section 140.05 of this chapter, and observes, in other than a casual or cursory manner, another person (a) without the knowledge or consent of such other person, (b) while such other person is inside a dwelling, as defined in section 140.00 of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09139-01-9
S. 3037 2
chapter, and not in plain view, and (c) under circumstances where such other person has a reasonable expectation of privacy.
§ 2. Section 250.50 of the penal law, as added by chapter 69 of the laws of 2003, is amended to read as follows: § 250.50 Unlawful surveillance in the first degree.
A person is guilty of unlawful surveillance in the first degree when:
1. he or she commits the crime of unlawful surveillance in the second degree and has been previously convicted within the past ten years of unlawful surveillance in the first or second degree; or
2. he or she commits the crime of unlawful surveillance in the second degree and (a) he or she has been previously convicted of an offense under article one hundred thirty or two hundred thirty of this chapter or (b) the intended subject of the offense is a person under sixteen years of age.
Unlawful surveillance in the first degree is a class D felony.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 tres- pass for his or her own sexual arousal or gratification and observe, in other than a casual or cursory manner, another person without the know- ledge 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 circum- stances 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
03/30/16 REFERRED TO CODES
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.