N.Y. General Business Law § 395-b: Unlawfully installing or maintaining a two-way mirror or other viewing device

§ 395-b. Unlawfully installing or maintaining a two-way mirror or

other viewing device. 1. As used in this section, the phrase "two-way

mirror or other viewing device" shall mean a mirror, peep hole,

mechanical viewing device, camera or any other instrument or method that

can be utilized to surreptitiously observe a person.

2. A person is guilty of unlawfully installing or maintaining a

two-way mirror or other viewing device when, being the owner or manager

of any premises, he knowingly permits or allows such a device to be

installed or maintained in or upon such premises, for the purpose of

surreptitiously observing the interior of any fitting room, restroom,

toilet, bathroom, washroom, shower, or any room assigned to guests or

patrons in a motel, hotel or inn.

2-a. A person is guilty of unlawfully installing or maintaining a

video recording device when, being the owner or manager of any premises,

he knowingly permits or allows such a device to be installed or

maintained in or upon such premises, for purpose of surreptitiously

recording a visual image of the interior of any fitting room, restroom,

toilet, bathroom, washroom, shower, or any other room assigned to guests

or patrons in a motel, hotel or inn.

3. a. The provisions of this section shall not apply with respect to

premises which comprise, or are a part of any

(i) public correctional or custodial facility, or public or private

medical facility which is used for the treatment of persons pursuant to

medical directive, or

(ii) public or private treatment facility which is used for the

treatment of persons who are committed or are voluntarily confined to

such facility or are voluntarily receiving treatment thereat, or

(iii) facility operated by any federal, state or local law enforcement

agency, or

(iv) private dwelling.

b. The provisions of this section shall further not apply with respect

to any fitting room, otherwise subject to the provisions of this

section, wherein the person who is the owner or manager of such premises

has caused written notice to be conspicuously posted at the entrance to

the fitting room stating that a two-way mirror or other viewing device

has been installed for the purpose of observing the interior of such

room. In cities with a population of one million or more, the written

notice shall be in both English and Spanish.

4. Whenever there shall be a violation of this section, an application

may also be made by the attorney general in the name of the people of

the state of New York or by the corporation counsel for any city or by

the appropriate attorney of any other political subdivision as shall be

designated by the governing body of such political subdivision to a

court or justice having jurisdiction to issue an injunction, and upon

notice to the defendant of not less than five days, to enjoin and

restrain the continuance of such violation; and if it shall appear to

the satisfaction of the court or justice that the defendant has, in

fact, violated this section, an injunction may be issued by such court

or justice, enjoining and restraining any further violation, without

requiring proof that any person has, in fact, been injured or damaged

thereby. In connection with any such proposed application, the attorney

general, corporation counsel or other appropriate attorney, as the case

may be, is authorized to take proof and make a determination of the

relevant facts and to issue subpoenas in accordance with the civil

practice law and rules.

5. A violation of the provisions of this section shall constitute a

violation, and upon conviction thereof shall be punishable by a term of

imprisonment not to exceed fifteen days, or by a fine of not more than

three hundred dollars, or by both such fine and imprisonment, except

that a violation of subdivision two-a of this section shall constitute a

felony. In addition, a violation of the provisions of this section

shall be punishable by a civil penalty of not more than three hundred

dollars recoverable in an action by the attorney general in the name of

the people of the state or by the corporation counsel for any city or by

the appropriate attorney of any other political subdivision as shall be

designated by the governing body of such political subdivision. Each

unlawfully installed or maintained mirror or viewing or recording device

shall constitute a separate and distinct violation.