New York » Penal Law Sec. 250.45 Unlawful surveillance in the second degree

Gunnar Larson g at xny.io
Thu Oct 13 08:13:28 PDT 2022


https://www.womenslaw.org/laws/ny/statutes/sec-25045-unlawful-surveillance-second-degree

Sec. 250.45 Unlawful surveillance in the second degree

A person is guilty of unlawful surveillance in the second degree when:

1. For his or her own, or another person’s amusement, entertainment, or
profit, or for the purpose of degrading or abusing 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 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. For his or her own, or another person’s sexual arousal or sexual
gratification, he or she intentionally uses or installs, or permits the
utilization or installation of an imaging device to surreptitiously view,
broadcast or record 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

3. (a) For no legitimate purpose, he or she intentionally uses or installs,
or permits the utilization or installation of an imaging device to
surreptitiously view, broadcast or record 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 uses or installs,
or permits the utilization or installation 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

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.

Unlawful surveillance in the second degree is a class E felony.
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