LAWS OF NEW YORK, 2003
CHAPTER 69
Stephanie's Law


EXPLANATION--Matter in italics is new;
matter in brackets [ ] is old law to be omitted.

LAWS OF NEW YORK, 2003
CHAPTER 69

AN ACT to amend the penal law, in relation to surreptitious surveillance
without consent and disseminating an unlawful recording thereof and to
amend the correction law, in relation to registration under the sex
offender registration act

Became a law June 12, 2003, with the approval of the Governor. Passed on
message of necessity pursuant to Article III, section 14 of the
Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. This act shall be known and may be cited as "Stephanie's
Law."

§ 2. Subdivision 8 of section 250.00 of the penal law, as amended by
chapter 744 of the laws of 1988, is amended to read as follows:
8. "Unlawfully" means not specifically authorized pursuant to article
seven hundred or seven hundred five of the criminal procedure law for
the purposes of this section and sections 250.05, 250.10, 250.15,
250.20, 250.25, 250.30 and 250.35 of this article.

§ 3. The penal law is amended by adding six new sections 250.40,
250.45, 250.50, 250.55, 250.60 and 250.65 to read as follows:
§ 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 view-
ing device, camera 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 dissem-
inated 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 other-
wise, 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 accessi-
ble, 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 subdi-
vision five of this section, or to publish, as defined in subdivision
six of this section, in exchange for something of value.
§ 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 reason-
able expectation of privacy, without such person's knowledge or consent.
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.
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, wash-
room, 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.
4. Without the knowledge or consent of a person, he or she inten-
tionally 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.
Unlawful surveillance in the second degree is a class E felony.
§ 250.50 Unlawful surveillance in the first degree.
A person is guilty of unlawful surveillance in the first degree when
he or she commits the crime of unlawful surveillance in the second
degree and has been previously convicted within the past ten years of
unlawful surveillance in the first or second degree.
Unlawful surveillance in the first degree is a class D felony.
§ 250.55 Dissemination of an unlawful surveillance image in the second
degree.
A person is guilty of dissemination of an unlawful surveillance image
in the second degree when he or she, with knowledge of the unlawful
conduct by which an image or images of the sexual or other intimate
parts of another person or persons were obtained and such unlawful
conduct would satisfy the essential elements of the crime of unlawful
surveillance in the first or second degree, intentionally disseminates
such image or images.
Dissemination of an unlawful surveillance image in the second degree
is a class A misdemeanor.
§ 250.60 Dissemination of an unlawful surveillance image in the first
degree.
A person is guilty of dissemination of an unlawful surveillance image
in the first degree when:
1. He or she, with knowledge of the unlawful conduct by which an image
or images of the sexual or other intimate parts of another person or
persons were obtained and such unlawful conduct would satisfy the essen-
tial elements of the crime of unlawful surveillance in the first or
second degree, sells or publishes such image or images.
2. Having created a surveillance image in violation of section 250.45
or 250.50 of this article, or in violation of the law in any other
jurisdiction which includes all of the essential elements of either such
crime, or having acted as an accomplice to such crime, or acting as an
agent to the person who committed such crime, he or she intentionally
disseminates such unlawfully created image.
3. He or she commits the crime of dissemination of an unlawful
surveillance image in the second degree and has been previously
convicted within the past ten years of dissemination of an unlawful
surveillance image in the first or second degree.
Dissemination of an unlawful surveillance image in the first degree is
a class E felony.
§ 250.65 Additional provisions.
1. The provisions of sections 250.45, 250.50, 250.55 and 250.60 of
this article do not apply with respect to any: (a) law enforcement
personnel engaged in the conduct of their authorized duties; (b) securi-
ty system wherein a written notice is conspicuously posted on the prem-
ises stating that a video surveillance system has been installed for the
purpose of security; or (c) video surveillance devices installed in such
a manner that their presence is clearly and immediately obvious.
2. With respect to sections 250.55 and 250.60 of this article, the
provisions of subdivision two of section 235.15 and subdivisions one and
two of section 235.24 of this chapter shall apply.

§ 4. Paragraph (a) of subdivision 2 of section 168-a of the correction
law, as amended by chapter 11 of the laws of 2002, is amended and a new
paragraph (e) is added to read as follows:
(a) (i) a conviction of or a conviction for an attempt to commit any
of the provisions of sections 130.20, 130.25, 130.30, 130.40, 130.45,
130.60, 250.50 and 255.25 or article two hundred sixty-three of the
penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law
relating to kidnapping offenses, provided the victim of such kidnapping
or related offense is less than seventeen years old and the offender is
not the parent of the victim, or sections 230.04, where the person
patronized is in fact less than seventeen years of age, 230.05 or 230.06
or subdivision two of section 230.30, section 230.32 of the penal law,
or (ii) a conviction of or a conviction for an attempt to commit any of
the provisions of section 235.22 of the penal law, or (iii) a conviction
of or a conviction for an attempt to commit any provisions of the fore-
going sections committed or attempted as a hate crime defined in section
485.05 of the penal law or as a crime of terrorism defined in section
490.25 of such law; or
(e) a conviction of any of the provisions of subdivision two, three or
four of section 250.45 of the penal law, unless upon motion by the
defendant, the trial court, having regard to the nature and circum-
stances of the crime and to the history and character of the defendant,
is of the opinion that registration would be unduly harsh and inappro-
priate.

§ 5. Paragraph (a) of subdivision 1 of section 168-d of the correction
law, as amended by chapter 11 of the laws of 2002, is amended to read as
follows:
(a) Except as provided in paragraphs (b) and (c) of this subdivision,
upon conviction of any of the offenses set forth in subdivision two or
three of section one hundred sixty-eight-a of this article the court
shall certify that the person is a sex offender and shall include the
certification in the order of commitment, if any, and judgment of
conviction, except as provided in paragraph (e) of subdivision two of
section one hundred sixty-eight-a of this article. The court shall also
advise the sex offender of his or her duties under this article. Failure
to include the certification in the order of commitment or the judgment
of conviction shall not relieve a sex offender of the obligations
imposed by this article.

§ 6. This act shall take effect on the sixtieth day after it shall
have become a law.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly

Page last updated July 1, 2003