250.40 Unlawful surveillance; definitions.
The following definitions shall apply to sections 250.45, 250.50,
250.55 and 250.60 of this article:
1. “Place and time when a person has a reasonable expectation of
privacy” means a place and time when a reasonable person would believe
that he or she could fully disrobe in privacy.
2. “Imaging device” means any mechanical, digital or electronic
viewing device, camera, cellular phone or any other instrument capable
of recording, storing or transmitting visual images that can be utilized
to observe a person.
3. “Sexual or other intimate parts” means the human male or female
genitals, pubic area or buttocks, or the female breast below the top of
the nipple, and shall include such part or parts which are covered only
by an undergarment.
4. “Broadcast” means electronically transmitting a visual image with
the intent that it be viewed by a person.
5. “Disseminate” means to give, provide, lend, deliver, mail, send,
forward, transfer or transmit, electronically or otherwise to another
person.
6. “Publish” means to (a) disseminate, as defined in subdivision five
of this section, with the intent that such image or images be
disseminated to ten or more persons; or (b) disseminate with the intent
that such images be sold by another person; or (c) post, present,
display, exhibit, circulate, advertise or allows access, electronically
or otherwise, so as to make an image or images available to the public;
or (d) disseminate with the intent that an image or images be posted,
presented, displayed, exhibited, circulated, advertised or made
accessible, electronically or otherwise and to make such image or images
available to the public.
7. “Sell” means to disseminate to another person, as defined in
subdivision five of this section, or to publish, as defined in
subdivision six of this section, in exchange for something of value.
S 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.
S 250.50 Unlawful surveillance in the first degree.
A person is guilty of unlawful surveillance in the first degree when
he or she commits the crime of unlawful surveillance in the second
degree and has been previously convicted within the past ten years of
unlawful surveillance in the first or second degree.
Unlawful surveillance in the first degree is a class D felony.
S 250.60 Dissemination of an unlawful surveillance image in the first degree.
A person is guilty of dissemination of an unlawful surveillance image
in the first degree when:
1. He or she, with knowledge of the unlawful conduct by which an image
or images of the sexual or other intimate parts of another person or
persons were obtained and such unlawful conduct would satisfy the
essential elements of the crime of unlawful surveillance in the first or
second degree, sells or publishes such image or images; or
2. Having created a surveillance image in violation of section 250.45
or 250.50 of this article, or in violation of the law in any other
jurisdiction which includes all of the essential elements of either such
crime, or having acted as an accomplice to such crime, or acting as an
agent to the person who committed such crime, he or she intentionally
disseminates such unlawfully created image; or
3. He or she commits the crime of dissemination of an unlawful
surveillance image in the second degree and has been previously
convicted within the past ten years of dissemination of an unlawful
surveillance image in the first or second degree.
Dissemination of an unlawful surveillance image in the first degree is
a class E felony.