Bill S6746A-2011

Relates to unlawful surveillance in the first and second degrees

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

Details

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

Votes

VOTE: COMMITTEE VOTE: - Codes - May 30, 2012
Ayes (11): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Parker, Squadron
Ayes W/R (5): Gianaris, Duane, Huntley, Perkins, Espaillat

Memo

BILL NUMBER:S6746A

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 delete unnecessary language in the existing law as it is already encompassed in the elements of the crime of unlawful surveillance..

Section 3. Amends section 250.60 to delete unnecessary language in existing law as it is already encompassed in the elements of the crime of unlawful surveillance.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6746--A IN SENATE March 16, 2012 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 SUCH PERSON TOGETHER IN THE SAME IMAGE 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 SUCH PERSON TOGETHER IN THE SAME IMAGE 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. (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 SUCH PERSON TOGETHER IN THE SAME IMAGE 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 were obtained and such unlawful conduct would satisfy the essential 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 were obtained and such unlawful conduct would satisfy the essen- tial 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.

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