Bill Text: NY S01982 | 2013-2014 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-08-01 - SIGNED CHAP.193 [S01982 Detail]

Download: New_York-2013-S01982-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1982--C
           Cal. No. 750
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes  --  recommitted  to
         the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted  to said committee -- reported favorably from said commit-
         tee, ordered to first and second report,  amended  on  second  report,
         ordered  to a third reading, and to be reprinted as amended, retaining
         its place in the  order  of  third  reading  --  amended  and  ordered
         reprinted, retaining its place in the order of third reading
       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:
    1    Section 1. Subdivision 4 of section 250.45 of the penal law, as  added
    2  by chapter 69 of the laws of 2003, is amended and a new subdivision 5 is
    3  added to read as follows:
    4    4.  Without  the  knowledge  or  consent of a person, he or she inten-
    5  tionally uses or installs, or permits the utilization or installation of
    6  an imaging device to surreptitiously view, broadcast  or  record,  under
    7  the  clothing  being  worn  by such person, the sexual or other intimate
    8  parts of such person[.]; OR
    9    5. FOR HIS OR HER  OWN,  OR  ANOTHER  INDIVIDUAL'S  AMUSEMENT,  ENTER-
   10  TAINMENT, PROFIT, SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE PURPOSE OF
   11  DEGRADING  OR ABUSING A PERSON, THE ACTOR INTENTIONALLY USES OR INSTALLS
   12  OR PERMITS THE UTILIZATION OR  INSTALLATION  OF  AN  IMAGING  DEVICE  TO
   13  SURREPTITIOUSLY  VIEW,  BROADCAST, OR RECORD SUCH PERSON IN AN IDENTIFI-
   14  ABLE MANNER:
   15    (A) ENGAGING IN SEXUAL CONDUCT,  AS  DEFINED  IN  SUBDIVISION  TEN  OF
   16  SECTION 130.00 OF THIS PART;
   17    (B)  IN  THE  SAME IMAGE WITH THE SEXUAL OR INTIMATE PART OF ANY OTHER
   18  PERSON; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05070-06-4
       S. 1982--C                          2
    1    (C) AT A PLACE AND TIME WHEN SUCH PERSON HAS A REASONABLE  EXPECTATION
    2  OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
    3    S  2.  Section  250.55 of the penal law, as added by chapter 69 of the
    4  laws of 2003, is amended to read as follows:
    5  S 250.55 Dissemination of an unlawful surveillance image in  the  second
    6             degree.
    7    A  person is guilty of dissemination of an unlawful surveillance image
    8  in the second degree when he or she,  with  knowledge  of  the  unlawful
    9  conduct  by  which  an  image  or images of the sexual or other intimate
   10  parts of another person or  persons  were  obtained  and  such  unlawful
   11  conduct  would  satisfy  the essential elements of the crime of unlawful
   12  surveillance in the first or second degree, AS DEFINED, RESPECTIVELY, IN
   13  SECTION 250.50 OR 250.45 OF  THIS  ARTICLE,  intentionally  disseminates
   14  such image or images.
   15    Dissemination  of  an unlawful surveillance image in the second degree
   16  is a class A misdemeanor.
   17    S 3. Subdivision 1 of section 250.60 of the penal law, as  amended  by
   18  chapter 157 of the laws of 2003, is amended to read as follows:
   19    1. He or she, with knowledge of the unlawful conduct by which an image
   20  or  images  of  the  sexual or other intimate parts of another person or
   21  persons were obtained and such unlawful conduct would satisfy the essen-
   22  tial elements of the crime of unlawful  surveillance  in  the  first  or
   23  second  degree, AS DEFINED, RESPECTIVELY, IN SECTION 250.50 OR 250.45 OF
   24  THIS ARTICLE, sells or publishes such image or images; or
   25    S 4. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.