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New York Unlawful Surveillance charges involve unlawful monitoring of another individual dressing or undressing or the sexual or other intimate parts of a person, without their consent or knowledge, when such person has a reasonable expectation of privacy. Under New York Penal Law, there are two different unlawful surveillance charges. Specifically, they are;
- New York Unlawful Surveillance in the First Degree, AND
- New York Unlawful Surveillance in the Second Degree.
New York Unlawful Surveillance in the First Degree is a more serious charge than New York Unlawful Surveillance in the Second Degree. Importantly, both charges are felonies and can result in a permanent criminal record.
New York Unlawful Surveillance in the Second Degree Explained
New York Unlawful Surveillance Charges in the Second Degree involve surreptitious installation of a camera, or another video capturing or broadcasting device and recording of a person’s intimate or private parts without their knowledge or permission in an area where they have a reasonable expectation of privacy.
Areas where an individual has a reasonable expectation of privacy include their homes, hotel rooms, dressing rooms, changing rooms, bathrooms, and locker rooms among others.
The actual text of the statute provides that under Penal Law Section 250.45, 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. 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; 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; OR
5. For his or her own, or another individual’s amusement, entertainment, profit, sexual arousal or gratification, or for the purpose of degrading or abusing a person, the actor intentionally uses or installs or permits the utilization or installation of an imaging device to surreptitiously view, broadcast, or record such person in an identifiable manner:
(a) engaging in sexual conduct, as defined in subdivision ten of section 130.00 of this part;
(b) in the same image with the sexual or intimate part of any other person; and
(c) at a place and time when such person has a reasonable expectation of privacy, without such person’s knowledge or consent.
Sentencing and Penalties for New York Unlawful Surveillance in the Second Degree
Under New York Law, Unlawful Surveillance in the Second Degree is a Class “E” Non-Violent Felony. As such, this charge is punishable by up to 1 1/3 to 4 years in jail.
New York Unlawful Surveillance in the First Degree Explained
Under Penal Law Section 250.50, 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 10 years of Unlawful Surveillance in the First or Second Degree.
Sentencing and Penalties for Unlawful Surveillance in the First Degree
Unlawful Surveillance in the First Degree is a Class “D’ Non-violent Felony. As such, this charge is punishable by up to 2 1/3 to 7 years in jail. Additionally, this charge is subject to SORA registration.
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If you or your loved one is charged with New York Unlawful Surveillance, you need experienced counsel by your side. We have extensive experience handling these types of cases. Read our client testimonials to find out what our clients say about our service and contact us today to schedule your consultation.