S256-2011 - NY Senate Open Legislation - Defines the crime of surreptitious surveillance; rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose

Defines the crime of surreptitious surveillance, a class B misdemeanor, when a person, for purposes of his or her own amusement, or for the purpose of degrading another person, or for his or her own sexual arousal, or for no legitimate purpose, surreptitiously observes by means of the unaided eye or an imaging device, intimate parts of an other person without that person's consent and at a place and time when such other person has a reasonable expectation of privacy; includes a rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose; makes such offense a class B misdemeanor.

Sponsor: MAZIARZ / Co-sponsor(s): ALESI, AVELLA, FLANAGAN, LARKIN, RANZENHOFER / Committee: RULES
Law Section: Penal Law / Law: Amd S250.40, add S250.70, Pen L

S256-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 15, 2012: ADVANCED TO THIRD READING
Mar 14, 2012: 2ND REPORT CAL.
Mar 13, 2012: 1ST REPORT CAL.335
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Feb 14, 2011: referred to codes
Feb 14, 2011: DELIVERED TO ASSEMBLY
Feb 14, 2011: PASSED SENATE
Feb 1, 2011: ADVANCED TO THIRD READING
Jan 31, 2011: 2ND REPORT CAL.
Jan 25, 2011: 1ST REPORT CAL.19
Jan 5, 2011: REFERRED TO CODES

S256-2011 Meetings

Codes: Jan 25, 2011, Codes: Mar 13, 2012

S256-2011 Calendars

S256-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Jan 25, 2011

Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Perkins, Espaillat
Ayes W/R (1): Squadron
Nays (1): Parker

VOTE: FLOOR VOTE: - Feb 14, 2011

Ayes (51): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (8): Gianaris, Hassell-Thomps, Huntley, Krueger, Montgomery, Perkins, Rivera, Squadron
Absent (1): Parker
Excused (2): Duane, Savino

VOTE: COMMITTEE VOTE: - Codes - Mar 13, 2012

Ayes (11): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Duane, Espaillat
Ayes W/R (1): Squadron
Nays (4): Gianaris, Huntley, Parker, Perkins

S256-2011 Memo

BILL NUMBER:S256

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of surreptitious
surveillance, a class B misdemeanor

PURPOSE:
To provide an avenue of prosecution against individuals who, observe
others by means of unaided eyes or by means 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 spa, hotel, motel or inn, there is a presumption that such
person did so for no legitimate purpose.

SUMMARY OF PROVISIONS:
Defines the crime of surreptitious surveillance; rebuttable
presumption that such surveillance under certain conditions is for no
legitimate purpose.

Adds section 250.70, surreptitious surveillance which states that a
person is guilty when for no legitimate purpose such person
intentionally observes an individual with unaided eyes or with an
imaging device, a person dressing or undressing or the sexual or
other intimate parts of such person without their consent or
knowledge at a place and time when that person has a reasonable
expectation of privacy. These areas include: in a bedroom, changing
room, fitting room, restroom, toilet, bathroom, washroom, shower or
any room assigned to guests or patrons in a spa;
hotel, motel or inn.

Defines surreptitious surveillance as a class B misdemeanor.

JUSTIFICATION:
"Peeping Tom" type crimes are difficult to prosecute as there is no
particular law that covers each potential situation. An example of
this recently occurred in Niagara County where the district
attorney's office prosecuted a case, in December 2004, where the
defendant was accused of deliberately looking over the top of a
tanning bed wall at a young girl who was completely nude. He was
charged with disorderly conduct but a non jury trial found him
innocent. While the Judge found the defendant's actions
reprehensible, the prosecution did not prove that the
defendant's conduct did not create a Public disturbance. The Court of
Appeals has held that disorderly conduct must be of a public not a
private matter. The 1003 video voyeurism law "Stephanie's Law" did
not apply because no mechanical or electronic device of any kind was
used. "Stephanie's Law" also is not penal law. This bill will provide
an avenue for prosecution of these cases where an individual
watches someone for entertainment, amusement, to degrade someone or
for sexual satisfaction - for no legitimate purpose.

LEGISLATIVE HISTORY:
S.257-A of 2007/2008; Passed Senate
S.3336/A.5438 of 2005/2006; Passed Senate
S.1405 of 2009/2010; Referred to Codes


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November in the year it
becomes law.

S256-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           256
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sens. MAZIARZ, ALESI, FLANAGAN, LARKIN -- 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 the crime of surreptitious
 surveillance, a class B misdemeanor
 

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

 

Section 1.

Section 250.40 of the penal law, as added by chapter 69  of
 the laws of 2003 and subdivision 2 as amended by chapter 291 of the laws
 of 2007, is amended to read as follows:

 

S 250.40 Unlawful surveillance; definitions.
 The  following  definitions  shall  apply  to sections 250.45, 250.50,
 250.55 [and], 250.60 AND 250.70 of this article:

 1. "Place and time when a  person  has  a  reasonable  expectation  of
 privacy"  means  a place and time when a reasonable person would believe
 that he or she could fully disrobe in privacy.
 2. "Imaging device" means any mechanical, digital or electronic  view
 ing  device,  camera,  cellular phone or any other instrument capable of
 recording, storing or transmitting visual images that can be utilized to
 observe a person.
 3. "Sexual or other intimate parts" means the  human  male  or  female
 genitals,  pubic area or buttocks, or the female breast below the top of
 the nipple, and shall include such part or parts which are covered  only
 by an undergarment.
 4.  "Broadcast"  means electronically transmitting a visual image with
 the intent that it be viewed by a person.
 5. "Disseminate" means to give, provide, lend,  deliver,  mail,  send,
 forward,  transfer  or  transmit, electronically or otherwise to another
 person.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01645-01-1
        S. 256                              2
 6. "Publish" means to (a) disseminate, as defined in subdivision  five
 of  this  section,  with the intent that such image or images be dissem
 inated to ten or more persons; or (b) disseminate with the  intent  that
 such  images  be  sold by another person; or (c) post, present, display,
 exhibit,  circulate,  advertise or [allows] ALLOW access, electronically
 or otherwise, so as to make an image or images available to the  public;
 or  (d)  disseminate  with the intent that an image or images be posted,
 presented, displayed, exhibited, circulated, advertised or made accessi
 ble,   electronically or otherwise and to  make  such  image  or  images
 available to the public.
 7. "Sell" means to disseminate to another person, as defined in subdi
 vision  five  of  this section, or to publish, as defined in subdivision
 six of this section, in exchange for something of value.
 

S 2. The penal law is amended by adding a new section 250.70  to  read
 as follows:

 

S 250.70 SURREPTITIOUS SURVEILLANCE.
 1.  A PERSON IS GUILTY OF SURREPTITIOUS SURVEILLANCE WHEN SUCH PERSON,
 FOR PURPOSES OF HIS OR HER OWN AMUSEMENT OR  ENTERTAINMENT  OR  FOR  THE
 PURPOSE  OF  DEGRADING  OR ABUSING ANOTHER PERSON, OR FOR HIS OR HER OWN
 SEXUAL AROUSAL OR SEXUAL GRATIFICATION, OR  FOR  NO  LEGITIMATE  PURPOSE
 INTENTIONALLY  AND  SURREPTITIOUSLY  OBSERVES  BY  MEANS  OF  HIS OR HER
 UNAIDED EYES, OR BY MEANS OF AN IMAGING DEVICE,  A  PERSON  DRESSING  OR
 UNDRESSING  OR THE SEXUAL OR OTHER INTIMATE PARTS OF SUCH PERSON WITHOUT
 SUCH PERSON'S KNOWLEDGE OR CONSENT AND AT A PLACE  AND  TIME  WHEN  SUCH
 PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.
 2.  FOR  THE  PURPOSES  OF THIS SECTION, WHEN A PERSON SURREPTITIOUSLY
 OBSERVES BY MEANS OF HIS OR HER UNAIDED EYES OR BY MEANS 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 SPA, HOTEL, MOTEL OR INN, THERE IS A REBUTTABLE PRESUMPTION
 THAT SUCH PERSON DID SO FOR NO LEGITIMATE PURPOSE.
 SURREPTITIOUS SURVEILLANCE IS A CLASS B MISDEMEANOR.
 

S 3. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

S256-2011: Defines the crime of surreptitious surveillance; rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose