Relates to the unlawful surveillance of children.
TITLE OF BILL: An act to amend the penal law, in relation to unlawful surveillance
PURPOSE: To establish the crime of unlawful surveillance in the third degree.
SUMMARY OF PROVISIONS:
Section 1 amends the Penal Law by adding a new section 250.42. Section 250.42 establishes the crime of unlawful surveillance in the third degree. Subdivision 1 provides that an adult is guilty of unlawful surveillance in the third degree when such adult uses an imaging device to view, broadcast or record a child under the age of twelve, without the knowledge or consent of the child's parent or guardian, and when such adult does so with the criminal intent of using and disseminating such material for an unlawful purpose. Subdivision 2 provides that section 250.42 does not apply to an imaging device that captures images or videos incidentally or as a result of lawful recording which does not have the child as the intended subject. Subdivision 2 also provides that section 250.42 does not apply to an image, video or recording that is lawfully captured by a security camera. Unlawful surveillance in the third degree is a class A misdemeanor.
Section 2 provides that this act shall take effect on the 120th day after it shall have become law.
JUSTIFICATION: This bill is necessary to protect children from unlawful surveillance by adults. The more serious crimes of unlawful surveillance in the first and second degree already exist in statute. This bill establishes the crime of unlawful surveillance in the third degree. It's enactment is necessary to further protect children from adults, who possessing a criminal intent, seek to capture images of children and use such images for an unlawful purpose.
New technological innovations are being released for sale in the marketplace almost every day. Many of these innovations have the ability to perform multiple functions, including the ability to take pictures or record videos. Therefore, this bill also is necessary to update the laws regarding unlawful surveillance. This bill will criminalize the actions of those who seek to unlawfully record children. It will also provide a punishment that is befitting the crime.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the 120th day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 6228 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. RITCHIE -- 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: Section 1. The penal law is amended by adding a new section 250.42 to read as follows: S 250.42 UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE. 1. ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER IS GUILTY OF UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE WHEN SUCH PERSON: (A) USES AN IMAGING DEVICE TO VIEW, BROADCAST OR RECORD A CHILD UNDER THE AGE OF TWELVE, WITHOUT THE KNOWLEDGE OR CONSENT OF A PARENT OR GUAR- DIAN; AND (B) DOES SO WITH CRIMINAL INTENT OF USING AND DISSEMINATING MATERIAL AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, FOR AN UNLAWFUL PURPOSE. 2. THIS SECTION SHALL NOT APPLY TO: (A) AN IMAGING DEVICE USED TO CAPTURE IMAGINES OR VIDEOS INCIDENTALLY AS A RESULT OF LAWFUL RECORDING AND DOES NOT HAVE THE CHILD AS THE INTENDED SUBJECT; OR (B) AN IMAGE, VIDEO OR RECORDING THAT IS LAWFULLY CAPTURED BY A SECU- RITY CAMERA. UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR. S 2. This act shall take effect on the one hundred twentieth day after it shall have become law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13272-01-3