STATE OF NEW YORK ________________________________________________________________________ 6306 2025-2026 Regular Sessions IN SENATE March 10, 2025 ___________ 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 Assem- bly, do enact as follows: 1 Section 1. Subdivisions 4 and 5 of section 250.45 of the penal law, 2 subdivision 4 as amended and subdivision 5 as added by chapter 193 of 3 the laws of 2014, are amended and a new subdivision 6 is added to read 4 as follows: 5 4. Without the knowledge or consent of [~~a person~~] an individual, [he 6 ~~or she~~] such person intentionally uses or installs, or permits the 7 utilization or installation of an imaging device to surreptitiously 8 view, broadcast or record, under the clothing being worn by such person, 9 the sexual or other intimate parts of such person; [or] 10 5. For [~~his or her~~] such person's own, or another individual's amuse- 11 ment, entertainment, profit, sexual arousal or gratification, or for the 12 purpose of degrading or abusing a person, the actor intentionally uses 13 or installs or permits the utilization or installation of an imaging 14 device to surreptitiously view, broadcast, or record such person in an 15 identifiable manner: 16 (a) engaging in sexual conduct, as defined in subdivision ten of 17 section 130.00 of this part; 18 (b) in the same image with the sexual or intimate part of any other 19 person; and 20 (c) at a place and time when such person has a reasonable expectation 21 of privacy, without such person's knowledge or consent[.] ; or 22 6. For such person's own sexual arousal or gratification, such person 23 commits trespass, as provided in section 140.05 of this part, and 24 observes, in other than a casual or cursory manner, another person (a) 25 without the knowledge or consent of such other person, (b) while such 26 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. LBD10390-01-5

S. 6306 2 1 part, and not in plain view, and (c) under circumstances where such 2 other person has a reasonable expectation of privacy. 3 § 2. Section 250.50 of the penal law, as added by chapter 69 of the 4 laws of 2003, is amended to read as follows: 5 § 250.50 Unlawful surveillance in the first degree. 6 A person is guilty of unlawful surveillance in the first degree when 7 [~~he or she~~]: 8 1. such person commits the crime of unlawful surveillance in the 9 second degree and has been previously convicted within the past ten 10 years of unlawful surveillance in the first or second degree; or 11 2. such person commits the crime of unlawful surveillance in the 12 second degree and (a) such person has been previously convicted of an 13 offense under article one hundred thirty or two hundred thirty of this 14 chapter or (b) the intended subject of the offense is a person under 15 sixteen years of age. 16 Unlawful surveillance in the first degree is a class D felony. 17 § 3. This act shall take effect on the ninetieth day after it shall 18 have become a law.

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