Bill Text: NY A04641 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to unlawful surveillance in the third degree

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2010-05-11 - held for consideration in codes [A04641 Detail]

Download: New_York-2009-A04641-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4641
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2009
                                      ___________
       Introduced  by  M.  of  A.  CROUCH, RAIA, TOWNSEND, WALKER, McDONOUGH --
         Multi-Sponsored by -- M.  of A. BACALLES, MOLINARO, QUINN -- read once
         and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to unlawful  surveillance  in
         the third degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 250.44  to
    2  read as follows:
    3  S 250.44 UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE.
    4    A  PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE WHEN,
    5  FOR HIS OR  HER  OWN,  OR  ANOTHER  PERSON'S  AMUSEMENT,  ENTERTAINMENT,
    6  PROFIT,  OR  SEXUAL  AROUSAL  OR  SEXUAL GRATIFICATION, HE OR SHE INTEN-
    7  TIONALLY USES OR INSTALLS, OR PERMITS THE UTILIZATION OR INSTALLATION OF
    8  AN IMAGING DEVICE TO RECORD A CHILD UNDER THE AGE OF TWELVE, WHILE  SUCH
    9  CHILD IS ATTENDING A DAY CARE, GROUP FAMILY DAY CARE, OR FAMILY DAY CARE
   10  WITHOUT SUCH CHILD'S PARENT'S OR LEGAL GUARDIAN'S KNOWLEDGE AND CONSENT,
   11  OR  THE  KNOWLEDGE  AND CONSENT OF ANY PERSON CHARGED WITH THE TEMPORARY
   12  CARE OR CUSTODY OF SUCH CHILD. KNOWLEDGE AND CONSENT SHALL  BE  PRESUMED
   13  TO HAVE BEEN OBTAINED WHERE THE PERSON USING OR INSTALLING OR PERMITTING
   14  THE  UTILIZATION  OR  INSTALLATION  OF  AN IMAGING DEVICE IS A PARENT OR
   15  LEGAL GUARDIAN OF A CHILD BEING RECORDED  OR  ACTING  AT  SUCH  PERSON'S
   16  REQUEST,  PROVIDED  SUCH  RECORDING IS NOT BEING DONE SURREPTITIOUSLY OR
   17  FOR THE SEXUAL AROUSAL OR SEXUAL GRATIFICATION OF THE PERSON UNDERTAKING
   18  THE RECORDING OR ANOTHER PERSON.
   19    UNLAWFUL SURVEILLANCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   20    S 2. The opening paragraph of section 250.40  of  the  penal  law,  as
   21  added by chapter 69 of the laws of 2003, is amended to read as follows:
   22    The  following  definitions  shall  apply  to sections 250.44, 250.45,
   23  250.50, 250.55 and 250.60 of this article:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08070-01-9
       A. 4641                             2
    1    S 3. Section 250.60 of the penal law, as added by chapter  69  of  the
    2  laws  of  2003 and subdivisions 1 and 2 as amended by chapter 157 of the
    3  laws of 2003, is amended to read as follows:
    4  S 250.60 Dissemination  of  an  unlawful surveillance image in the first
    5             degree.
    6    A person is guilty of dissemination of an unlawful surveillance  image
    7  in the first degree when:
    8    1. He or she, with knowledge of the unlawful conduct by which an image
    9  or  images  of  the  sexual or other intimate parts of another person or
   10  persons were obtained and such unlawful conduct would satisfy the essen-
   11  tial elements of the crime of unlawful surveillance in the  first  [or],
   12  second OR THIRD degree, sells or publishes such image or images; or
   13    2. Having created a surveillance image in violation of section 250.44,
   14  250.45  or  250.50  of  this  article, or in violation of the law in any
   15  other jurisdiction which includes  all  of  the  essential  elements  of
   16  either  such  crime,  or having acted as an accomplice to such crime, or
   17  acting as an agent to the person who committed such  crime,  he  or  she
   18  intentionally disseminates such unlawfully created image; or
   19    3.  He  or  she  commits  the  crime  of  dissemination of an unlawful
   20  surveillance  image  in  the  second  degree  and  has  been  previously
   21  convicted  within  the  past  ten  years of dissemination of an unlawful
   22  surveillance image in the first [or], second OR THIRD degree.
   23    Dissemination of an unlawful surveillance image in the first degree is
   24  a class E felony.
   25    S 4. Subdivision 1 of section 250.65 of the penal  law,  as  added  by
   26  chapter 69 of the laws of 2003, is amended to read as follows:
   27    1.  The  provisions  of  sections  250.44,  250.45, 250.50, 250.55 and
   28  250.60 of this article do  not  apply  with  respect  to  any:  (a)  law
   29  enforcement personnel engaged in the conduct of their authorized duties;
   30  (b)  security system wherein a written notice is conspicuously posted on
   31  the premises stating that a video surveillance system has been installed
   32  for the purpose of security; or (c) video surveillance devices installed
   33  in such a manner that their presence is clearly and immediately obvious.
   34    S 5. This act shall take effect on the first of November next succeed-
   35  ing the date on which it shall have become a law.