What's happening
This bill creates first and second degree crimes of voyeurism in New York, making intentional, non-consensual viewing of private acts a misdemeanor.
Why it matters
Establishes clear legal consequences for "peeping" without technology. The bill criminalizes intentional, non-consensual viewing of people in private settings, even when no camera or recording device is used. This addresses gaps where current law might only cover situations involving image capture.
Recognizes victim vulnerability in specific locations. By specifically naming places like bedrooms, bathrooms, changing rooms, and hotel rooms, the law acknowledges where people have a strong expectation of privacy and are particularly vulnerable to invasive acts.
Creates escalating penalties for repeat offenders. First-degree voyeurism charges apply to those previously convicted of the same crime, increasing potential penalties and aiming to deter repeat misconduct.
Clarifies exceptions for legitimate activities. The bill ensures that law enforcement, firefighters, healthcare professionals, and correctional staff acting within their duties, as well as clearly disclosed security surveillance, are not criminalized—balancing privacy protection with practical needs.
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Who cares
Headline styles
Make Voyeurism a Crime
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Referred to rules
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 Assembly Committee · Codes · Sponsor Patricia Fahy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6703
2019-2020 Regular Sessions
IN SENATE
September 11, 2019
Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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
S. 6703 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing the crime of voyeurism in the first and second degree
Purpose or general idea of bill
The purpose of this legislation is to create the crime of voyeurism, also known as a "peeping Tom" law. The similar crime of unlawful surveillance currently in effect in New York only applies to peeping Tom cases in which an imaging device is used, thus permitting peeping Toms to escape proper punishment if they do not use an imaging device.
Summary of provisions
Section 1 creates new sections 250.51 and 250.52 of the penal law to establish, respectively, the crimes of voyeurism in the second and first degrees.
Section 250.51 has three subdivisions, each of which describes a catego- ry of actions that each constitute voyeurism in the second degree. Subdivision 1 specifies that the intentional viewing another person dressing or undressing or the sexual or other intimate parts of such person when such person has a reasonable expectation of privacy, without an imaging device, for the purpose of a person's own amusement, enter- tainment, profit, sexual arousal or sexual gratification, or for the purpose of degrading or abusing another person, shall constitute voyeu- rism in the second degree. Subdivision 2 specifies that intentionally viewing another person, without an imaging device, in certain private rooms and other intimate places without any legitimate purpose shall constitute voyeurism in the second degree, and additionally establishes a rebuttable presumption that the action of so viewing another person is done for no legitimate purpose. Subdivision 3 specifies that the inten- tional viewing of another person, without an imaging device, engaging in sexual conduct when there is an expectation of privacy for the purpose of a person's own amusement, entertainment, profit, sexual arousal or sexual gratification, or for the purpose of degrading or abusing another person, shall constitute voyeurism in the second degree.
Section 250.52 establishes the crime of voyeurism in the first degree, which is defined as committing the crime of voyeurism in the second degree when the perpetrator has been convicted of voyeurism in the first degree or voyeurism in the second degree within the past ten years.
Section 2 amends subdivision 1 of section 250.65 of the penal law to add firefighters, healthcare professionals, and correctional facility personnel engaged in the conduct of their authorized duties to the cate- gory of persons to which the crimes of voyeurism in the first degree and voyeurism in the second degree do not apply.
Section 3 provides the effective date.
Justification
New York is among the minority of states that do not impose criminal punishment for voyeuristic behavior with the naked eye rather than with the use of an imaging device. While the crime of unlawful surveillance has already been established in the penal law, peeping Toms can still cause substantial harm to their victims by viewing them with the naked eye when that person is in intimate circumstances and has the expecta- tion of privacy. The degradation, embarrassment, and fear resulting from such improper behavior should be properly punished in New York, and this bill will accomplish that end in a measured and appropriate manner.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.