N.Y. Penal Law § 250.45: Unlawful surveillance in the second degree

§ 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.