N.Y. Penal Law § 250.40: Unlawful surveillance; definitions

§ 250.40 Unlawful surveillance; definitions.

The following definitions shall apply to sections 250.45, 250.50,

250.55 and 250.60 of this article:

1. "Place and time when a person has a reasonable expectation of

privacy" means a place and time when a reasonable person would believe

that he or she could fully disrobe in privacy.

2. "Imaging device" means any mechanical, digital or electronic

viewing device, camera, cellular phone or any other instrument capable

of recording, storing or transmitting visual images that can be utilized

to observe a person.

3. "Sexual or other intimate parts" means the human male or female

genitals, pubic area or buttocks, or the female breast below the top of

the nipple, and shall include such part or parts which are covered only

by an undergarment.

4. "Broadcast" means electronically transmitting a visual image with

the intent that it be viewed by a person.

5. "Disseminate" means to give, provide, lend, deliver, mail, send,

forward, transfer or transmit, electronically or otherwise to another

person.

6. "Publish" means to (a) disseminate, as defined in subdivision five

of this section, with the intent that such image or images be

disseminated to ten or more persons; or (b) disseminate with the intent

that such images be sold by another person; or (c) post, present,

display, exhibit, circulate, advertise or allows access, electronically

or otherwise, so as to make an image or images available to the public;

or (d) disseminate with the intent that an image or images be posted,

presented, displayed, exhibited, circulated, advertised or made

accessible, electronically or otherwise and to make such image or images

available to the public.

7. "Sell" means to disseminate to another person, as defined in

subdivision five of this section, or to publish, as defined in

subdivision six of this section, in exchange for something of value.