BILL NUMBER: S6306
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the penal law, in relation to unlawful surveillance
 
PURPOSE:
To expand upon the unlawful surveillance offenses of the penal law.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivisions 4 and 5 of section 250.45 of the penal
law, subdivision 4 as amended and subdivision 5 as added by chapter 193
of the laws of 2014 and adds a new subdivision 6 providing it shall be
unlawful surveillance in the second degree for a person to commit tres-
pass for his or her own sexual arousal or gratification and observe, in
other than a casual or cursory manner, another person without the know-
ledge or consent of such other person, while such other person is inside
a dwelling and not in plain view, and under circumstances where such
other person has a reasonable expectation of privacy.
Section 2 amends section 250.50 of the penal law, as added by chapter 69
of the laws of 2003, providing it shall be unlawful surveillance in the
first degree to commit the crime of unlawful surveillance in the second
degree with a previous sex offense or prostitution offense conviction,
or when the intended subject of the offense is a person under 16.
Section 3 provides this act shall take effect on the ninetieth day after
it shall have become a law.
 
EXISTING LAW:
Current unlawful surveillance in the second degree provisions focus on
imaging devices and broadcasting. Unlawful surveillance in the first
degree is now the second degree offense with a previous unlawful
surveillance conviction within the past ten years.
 
JUSTIFICATION:
Current provisions of the penal law do not sufficiently cover voyeurism,
which is often committed without the use of imaging or broadcasting
devices. It should be deemed unlawful surveillance to commit trespass
for the purpose of observing someone without his or her knowledge or
consent, who is inside a dwelling and not in plain view, under circum-
stances where there is a reasonable expectation of privacy, for the
purpose of sexual arousal or gratification. Further, it should be
considered a serious offense to commit unlawful surveillance with prior
sex or prostitution offenses or when targeting children.
 
LEGISLATIVE HISTORY:
2021-22 REFERRED TO SENATE CODES
2019-20 REFERRED TO SENATE CODES
 
FISCAL IMPLICATIONS:
None
 
LOCAL FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S6306: 250.50 penal law