N.Y. Civil Rights Law § 52-a: Private right of action for unwarranted video imaging of residential premises

§ 52-a. Private right of action for unwarranted video imaging of

residential premises. 1. Any owner or tenant of residential real

property shall have a private right of action for damages against any

person who installs or affixes a video imaging device on property

adjoining such residential real property for the purpose of video taping

or taking moving digital images of the recreational activities which

occur in the backyard of the residential real property without the

written consent thereto of such owner and/or tenant with intent to

harass, annoy or alarm another person, or with intent to threaten the

person or property of another person. The provisions of this section

shall not apply to any law enforcement personnel engaged in the conduct

of their authorized duties.

2. For the purposes of this section, "backyard" shall mean that

portion of the parcel on which residential real property is located

which extends beyond the rear footprint of the residential dwelling

situated thereon, and to the side and rear boundaries of such parcel

extending beyond the rear footprint of such residential dwelling.