{"jurisdiction": "us-ny", "code": "penal", "section": "250.45", "citation": "Penal Law § 250.45", "heading": "Unlawful surveillance in the second degree", "text": ["§ 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; 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.", "Unlawful surveillance in the second degree is a class E felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/250.45", "from_official_api": true, "plain_english": "Secretly using a camera or other imaging device to watch or record a person in private is a crime. A person commits it when he or she **intentionally uses or installs, or permits the use or installation of, an imaging device to surreptitiously view, broadcast or record**:\n- **(1)** a person **dressing or undressing** or that person's **sexual or other intimate parts**, where and when the person has a **reasonable expectation of privacy**, without the person's knowledge or consent, **for amusement, entertainment or profit** (the actor's or another's) or **to degrade or abuse** a person;\n- **(2)** the same conduct as (1), but **for sexual arousal or gratification** (the actor's or another's);\n- **(3)** **(a)** a person, **for no legitimate purpose**, in a **bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower** or any **hotel, motel or inn guest room**, without the person's knowledge or consent; **(b)** using or installing (or permitting) a device in those rooms creates a **rebuttable presumption** of no legitimate purpose; ★\n- **(4)** **under the clothing** a person is wearing, that person's sexual or other intimate parts, without knowledge or consent; or\n- **(5)** for amusement, entertainment, profit, sexual arousal or gratification, or to degrade or abuse a person, the person **in an identifiable manner**: **(a)** engaging in **sexual conduct** (as defined in **§ 130.00(10)**); **(b)** in the **same image** with the sexual or intimate part of any other person; **and (c)** where and when the person has a reasonable expectation of privacy, without knowledge or consent.\nThe offense is a **class E felony**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/250.45", "publisher": "Elyphived LLC"}