S T A T E   O F   N E W   Y O R K
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                                  1365

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. CROUCH, McDONOUGH, RAIA -- read once and referred
  to the Committee on Codes

AN  ACT  to amend the penal law, in relation to unlawful surveillance in
  the third degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 250.44 to
read as follows:
S 250.44 UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE  WHEN,
FOR  HIS  OR  HER  OWN,  OR  ANOTHER  PERSON'S AMUSEMENT, ENTERTAINMENT,
PROFIT, OR SEXUAL AROUSAL OR SEXUAL  GRATIFICATION,  HE  OR  SHE  INTEN-
TIONALLY USES OR INSTALLS, OR PERMITS THE UTILIZATION OR INSTALLATION OF
AN  IMAGING DEVICE TO RECORD A CHILD UNDER THE AGE OF TWELVE, WHILE SUCH
CHILD IS ATTENDING A DAY CARE, GROUP FAMILY DAY CARE, OR FAMILY DAY CARE
WITHOUT SUCH CHILD'S PARENT'S OR LEGAL GUARDIAN'S KNOWLEDGE AND CONSENT,
OR THE KNOWLEDGE AND CONSENT OF ANY PERSON CHARGED  WITH  THE  TEMPORARY
CARE  OR  CUSTODY OF SUCH CHILD. KNOWLEDGE AND CONSENT SHALL BE PRESUMED
TO HAVE BEEN OBTAINED WHERE THE PERSON USING OR INSTALLING OR PERMITTING
THE UTILIZATION OR INSTALLATION OF AN IMAGING  DEVICE  IS  A  PARENT  OR
LEGAL  GUARDIAN  OF  A  CHILD  BEING RECORDED OR ACTING AT SUCH PERSON'S
REQUEST, PROVIDED SUCH RECORDING IS NOT BEING  DONE  SURREPTITIOUSLY  OR
FOR THE SEXUAL AROUSAL OR SEXUAL GRATIFICATION OF THE PERSON UNDERTAKING
THE RECORDING OR ANOTHER PERSON.
  UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S  2.  The  opening  paragraph  of section 250.40 of the penal law, as
added by chapter 69 of the laws of 2003, is amended to read as follows:
  The following definitions shall  apply  to  sections  250.44,  250.45,
250.50, 250.55 and 250.60 of this article:
  S  3.  Section  250.60 of the penal law, as added by chapter 69 of the
laws of 2003, subdivision 1 as amended by chapter 193  of  the  laws  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04826-01-5
              

A. 1365                             2

2014,  and  subdivision 2 as amended by chapter 157 of the laws of 2003,
is amended to read as follows:
S 250.60 Dissemination  of  an  unlawful surveillance image in the first
           degree.
  A person is guilty of dissemination of an unlawful surveillance  image
in the first degree when:
  1. He or she, with knowledge of the unlawful conduct by which an image
or  images  of  the  sexual or other intimate parts of another person or
persons were obtained and such unlawful conduct would satisfy the essen-
tial elements of the crime of unlawful surveillance in the  first  [or],
second  OR  THIRD  degree,  as  defined, respectively, in section 250.50
[or], 250.45 OR 250.44 of this article, sells or publishes such image or
images; or
  2. Having created a surveillance image in violation of section 250.44,
250.45 or 250.50 of this article, or in violation  of  the  law  in  any
other  jurisdiction  which  includes  all  of  the essential elements of
either such crime, or having acted as an accomplice to  such  crime,  or
acting  as  an  agent  to the person who committed such crime, he or she
intentionally disseminates such unlawfully created image; or
  3. He or she  commits  the  crime  of  dissemination  of  an  unlawful
surveillance  image  in  the  second  degree  and  has  been  previously
convicted within the past ten years  of  dissemination  of  an  unlawful
surveillance image in the first [or], second OR THIRD degree.
  Dissemination of an unlawful surveillance image in the first degree is
a class E felony.
  S  4.  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  250.44,  250.45,  250.50,  250.55  and
250.60  of  this  article  do  not  apply  with  respect to any: (a) law
enforcement 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.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.