This bill amends the New York Penal Law to create two new offenses: voyeurism in the second degree and voyeurism in the first degree. Second-degree voyeurism would apply when a person, for amusement, entertainment, profit, sexual arousal or gratification, or to degrade or abuse another person, trespasses or secretly uses a device such as a camera, cellular phone, or other viewing instrument to observe someone without consent while the person is dressing, undressing, or exposing intimate parts in a place where they have a reasonable expectation of privacy. It would also cover secretly viewing a person in an identifiable manner engaging in sexual conduct under the same privacy conditions. Second-degree voyeurism would be a class B misdemeanor.
The bill also creates first-degree voyeurism, which would be committed when a person violates the second-degree voyeurism provision and has a prior conviction for voyeurism in either degree within the previous ten years. First-degree voyeurism would be a class A misdemeanor. In addition, the bill amends an existing exemption statute to clarify that the voyeurism provisions do not apply to law enforcement personnel, firefighters, healthcare professionals, or correctional facility personnel acting within their authorized duties, and it preserves exemptions for clearly posted security surveillance and plainly visible video surveillance devices. The bill would take effect immediately upon enactment.
Impact
The bill would add new misdemeanor crimes to the Penal Law and expand the state’s criminal enforcement tools against nonconsensual hidden observation and recording in private settings. It would also update an existing exemption section so that the new voyeurism offenses do not interfere with authorized public-safety, healthcare, or correctional operations, or with obvious security-camera use. Affected parties include individuals accused of covert recording or viewing, as well as institutions using surveillance systems and professionals whose duties may involve observation in sensitive settings.
Sentiment
The available context suggests the bill is generally framed as a privacy and anti-abuse measure, with no recorded committee debate or votes indicating organized opposition or support. Its introduction by request and referral to the Codes Committee indicate it was treated as a criminal-law proposal focused on closing a gap in existing protections. Because there are no transcripts or votes, the overall sentiment can only be characterized as neutral-to-supportive based on the bill’s purpose and structure.
Contention
The main points of potential contention are the scope of the new offense and the breadth of the exemptions. The bill reaches both trespass-based and device-based surreptitious viewing, which could raise questions about proof, intent, and how broadly “reasonable expectation of privacy” is applied. Another possible issue is the explicit exemption for healthcare professionals, law enforcement, firefighters, and correctional facility personnel, which may prompt discussion about whether those carve-outs are sufficiently narrow or whether they could be overbroad in sensitive environments.
Same As
Establishes the crime of voyeurism in the first and second degree which is defined as when someone for their own amusement, entertainment, profit, sexual arousal or sexual gratification trespasses or uses an instrument to observe for the purpose of viewing 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.
Establishes the crime of voyeurism in the first and second degree which is defined as when someone for their own amusement, entertainment, profit, sexual arousal or sexual gratification trespasses or uses an instrument to observe for the purpose of viewing 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.
To Amend The Law Concerning The Offense Of Video Voyeurism; To Extend The Statute Of Limitations For The Offense Of Video Voyeurism; And To Make An Order Of Protection Available To A Victim Of Video Voyeurism.
AN ACT relating to crimes and offenses; establishing the criminal offense of grooming of a minor for a sexual offense; specifying penalties; providing definitions; making conforming amendments; and providing for an effective date.