BILL NUMBER: S524
SPONSOR: MAYER
 
PURPOSE:
The purpose of this legislation is to create the crime of voyeurism,
also known as a "peeping Tom" law. The similar crime of unlawful
surveillance currently in effect in New York only applies to peeping Tom
cases in which an imaging device is used, thus permitting peeping Toms
to escape proper punishment if they do not use an imaging device.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates new sections 250.51 and 250.52 of the penal law to
establish, respectively, the crimes of voyeurism in the second and first
degrees.
Section 250.51 has two subdivisions, each of which describes actions
that constitute voyeurism in the second degree:
1. Trespassing for the purpose of viewing another person for a person's
own amusement, entertainment, profit, sexual arousal or sexual gratifi-
cation, or for the purpose of degrading or abusing another person,
dressing or undressing or the sexual or other intimate parts of such
person when such person has a reasonable expectation of privacy.
2. Trespassing for the purpose of viewing another person for a person's
own amusement, entertainment, profit, sexual arousal or sexual gratifi-
cation, or for the purpose of degrading or abusing another person, in an
identifiable manner engaging in sexual conduct, when such person has a
reasonable expectation of privacy. The section specifies that voyeurism
in the second degree is a class B misdemeanor.
Section 250.52 establishes the crime of voyeurism in the first degree,
which is defined as committing the crime of voyeurism in the second
degree when the perpetrator has been convicted of voyeurism in the first
degree or voyeurism in the second degree within the past ten years.
Section 2 amends subdivision 1 of section 250.65 of the penal law to add
firefighters, healthcare professionals, and correctional facility
personnel engaged in the conduct of their authorized duties to the cate-
gories of persons to which voyeurism and unlawful surveillance crimes do
not apply.
Section 3 provides the effective date.
 
JUSTIFICATION:
New York is among the minority of states that do not impose criminal
punishment for voyeuristic behavior with the naked eye. While the crime
of unlawful surveillance - which involves using an imaging device - has
already been established in the penal law, peeping Toms can still cause
substantial harm to their victims by viewing them with the naked eye
when that person is in intimate circumstances and has the expectation of
privacy.
The degradation, embarrassment, and fear resulting from such improper
behavior should be properly punished in New York, and this bill will
accomplish that end in a measured and appropriate manner.
 
PRIOR LEGISLATIVE HISTORY:
2023/24: S2301 (Mayer)/ A3909 (Fahy): passed Senate (2023; 24); referred
to Codes (2023;24)
2021/22: S1053-A (Mayer) / A2386-A (Fahy): passed Senate (2021); passed
Senate (2022)
2019/20: S6703 (Mayer) / A8649 (Fahy): referred to Rules (2019);
referred to Codes (2020)
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The provisions of the bill shall take effect immediately.

Statutes affected:
S524: 250.65 penal law, 250.65(1) penal law