Relates to unlawful surveillance in the second degree and dissemination of an unlawful surveillance image in the first and second degrees.

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S6746-2011 Actions

• Jun 20, 2012: referred to codes
• Jun 20, 2012: DELIVERED TO ASSEMBLY
• Jun 20, 2012: PASSED SENATE
• Jun 4, 2012: ADVANCED TO THIRD READING
• May 31, 2012: 2ND REPORT CAL.
• May 30, 2012: 1ST REPORT CAL.939
• May 23, 2012: PRINT NUMBER 6746A
• May 23, 2012: AMEND AND RECOMMIT TO CODES
• Mar 16, 2012: REFERRED TO CODES

S6746-2011 Meetings

Codes: May 22, 2012

S6746-2011 Votes

S6746-2011 Memo

BILL NUMBER:S6746               REVISED 04/26/12

TITLE OF BILL:
An act
to amend the penal law, in relation to unlawful surveillance in the
first and second degrees

PURPOSE:
This bill attempts to close a loophole in the penal law to ensure that
people who have had their image broadcasted without their consent
will have a course of action under the law.

SUMMARY OF PROVISIONS:
Section 1. Amends section 250.45 of the penal law to expand the law to
provide that a person can be charged with unlawful surveillance in
the second degree if an individual uses a device to view, broadcast
or record a person in the same image together with the sexual or
other intimate parts of any other person.

Section 2. Amends section 250.55 of the penal law to expand the law to
provide that a person can be charged with dissemination of an
unlawful surveillance image in the second degree if the image
obtained contains an individual in the same image together with the
sexual or other intimate parts of any other person.

Section 3. Amends section 250.60 of the penal law to expand the law to
provide that a person can be charged with dissemination of an
unlawful surveillance image in the first degree if the image obtained
contains an individual in the same image together with the sexual or
other intimate parts of any other person.

JUSTIFICATION:
Clarkstown police department found that there was a loophole in the
unlawful surveillance laws when a victim came to the police because
her image had been posted on the internet without her permission. The
image showed the victim and the sexual parts of another person. Even
though the image was broadcasted without her consent the police could
not press charges because the victim's sexual or intimate parts were
not exposed in the picture and therefore did not fall under the
definition of the law. Due to this unfortunate loophole in the law
the police's hands were tied. Working with the local District
Attorney's office the language of this bill was developed.
This bill provides that a person could be charged if they disseminate
an image of an individual in the same image as any other person's
sexual or intimate parts. This expansion of the law will ensure that
police officers will be able to bring charges in cases, such as the
one that occurred in Rockland County, where a person's privacy had
been invaded and their image broadcasted without their permission.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Takes effect on the first of November next succeeding the date on
which it becomes law.

S6746-2011 Text

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

                                    6746

                              I N  SENATE

                               March 16, 2012
                                 ___________

  Introduced  by Sen. CARLUCCI -- 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  in
    the first and second degrees

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


    Section 1. Section 250.45 of the penal law, as added by chapter 69  of
  the  laws  of 2003, subdivisions 1, 2 and 3 as amended by chapter 157 of
  the laws of 2003, is amended to read as follows:

  S 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, OR OF SUCH PERSON IN THE SAME IMAGE TOGETHER WITH
  THE SEXUAL OR OTHER INTIMATE PARTS OF ANY OTHER 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, OR OF SUCH OTHER PERSON  IN  THE
  SAME IMAGE TOGETHER WITH THE SEXUAL OR OTHER INTIMATE PARTS OF ANY OTHER
  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,  wash-
  room, shower or any room assigned to guests or patrons in a motel, hotel
  or inn, without such person's knowledge or consent.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14950-01-2

 S. 6746                             2

    (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  inten-
  tionally 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 OF SUCH OTHER PERSON IN THE SAME IMAGE TOGETHER
  WITH THE SEXUAL OR OTHER INTIMATE PARTS OF ANY OTHER PERSON.
    Unlawful surveillance in the second degree is a class E felony.
    S  2.  Section  250.55 of the penal law, as added by chapter 69 of the
  laws of 2003, is amended to read as follows:

  S 250.55 Dissemination of an unlawful surveillance image in  the  second
             degree.
    A  person is guilty of dissemination of an unlawful surveillance image
  in the second degree when 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, OR OF ANOTHER  PERSON  IN  THE  SAME
  IMAGE  TOGETHER  WITH  THE  SEXUAL  OR OTHER INTIMATE PARTS OF ANY OTHER
  PERSON were obtained and such unlawful conduct would satisfy the  essen-
  tial  elements  of  the  crime  of unlawful surveillance in the first or
  second degree, intentionally disseminates such image or images.
    Dissemination of an unlawful surveillance image in the  second  degree
  is a class A misdemeanor.
    S  3.  Section  250.60 of the penal law, as added by chapter 69 of the
  laws of 2003, subdivisions 1 and 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,  OR  OF  SUCH  OTHER PERSON IN THE SAME IMAGE TOGETHER WITH THE
  SEXUAL OR OTHER INTIMATE PARTS OF ANY OTHER  PERSON  were  obtained  and
  such  unlawful conduct would satisfy the essential elements of the crime
  of unlawful surveillance  in  the  first  or  second  degree,  sells  or
  publishes such image or images; or
    2.  Having created a surveillance image in violation of section 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 degree.
    Dissemination of an unlawful surveillance image in the first degree is
  a class E felony.
    S 4. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.