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New York Penal - Article 250 - § 250.45 Unlawful Surveillance in the Second Degree

Legal Research Home > New York Laws > Penal > New York Penal - Article 250 - § 250.45 Unlawful Surveillance in the Second Degree


Penal 
 
  § 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 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 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,
  washroom, 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
  intentionally   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.
    Unlawful surveillance in the second degree is a class E felony.
Section:  Previous  Article 250  250.00  250.05  250.10  250.15  250.20  250.25  250.30  250.35  250.40  250.45  250.50  250.55  250.60  250.65  Next

Last modified: February 16, 2014