What's happening
This bill makes it a misdemeanor to record or photograph someone inside their home without consent, and allows victims to sue for damages.
Why it matters
Enhances privacy protections at home. By specifically targeting recordings made from outside a dwelling, this bill closes a loophole in existing privacy laws, giving New Yorkers stronger legal backing against invasions of privacy in their most personal spaces.
Introduces both criminal and civil penalties. Not only does the bill make unauthorized recording or photographing inside someone’s home a misdemeanor, but it also allows victims to bring lawsuits for damages, potentially including punitive ("exemplary") damages if the violation is knowing.
Empowers victims to stop further harm. The bill gives courts the authority to issue orders to prevent further viewing or sharing of unlawfully obtained images, allowing victims to act quickly to limit the spread and impact of such invasions.
Clarifies definitions and legal recourse. By referencing existing legal definitions of “dwelling” and specifying what constitutes a violation, the bill provides clearer standards for law enforcement and courts, making it easier for victims to assert their rights.
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Who cares
People inside dwellings
Those recorded by someone outside while they have a reasonable expectation of privacy could seek court orders to prevent viewing or dissemination and recover damages for resulting injuries.
Photographers and other image recorders
Knowingly capturing images from outside a dwelling of someone inside who has a reasonable expectation of privacy would be a misdemeanor.
People who view or disseminate images
Knowingly viewing or disseminating images captured in violation of the bill could expose them to jury-awarded exemplary damages.
New York Supreme Court litigants
The bill would authorize lawsuits against people recording, capturing or disseminating the images to prevent their viewing or dissemination.
Headline styles
Stop Peeping Into Homes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
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
3083
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
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.
LBD06326-01-9
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 visu- al 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 materi- als 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. Photo- graphs 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 technol- ogies 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
2017-18: S1643 - CODES 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.