New York Consolidated Law
Penal Law
Article 250 - NY Penal Law
OFFENSES AGAINST THE RIGHT TO PRIVACY
Section |
Offense |
Class |
250.00 |
Eavesdropping; definitions of terms. |
|
250.05 |
Eavesdropping. |
E FELONY |
250.10 |
Possession of eavesdropping devices. |
A MISD |
250.15 |
Failure to report wiretapping. |
B MISD |
250.20 |
Divulging an eavesdropping warrant. |
A MISD |
250.25 |
Tampering with private communications. |
B MISD |
250.30 |
Unlawfully obtaining communications information. |
A MISD |
250.35 |
Failing to report criminal communications. |
B MISD |
250.40 |
Unlawful surveillance; definitions. |
|
250.45 |
Unlawful surveillance in the second degree. |
E FELONY |
250.50 |
Unlawful surveillance in the first degree. |
D FELONY |
250.55 |
Dissemination of an unlawful surveillance image in the second degree. |
A MISD |
250.60 |
Dissemination of an unlawful surveillance image in the first degree. |
E FELONY |
250.65 |
Additional provisions. |
|
S 250.00 Eavesdropping; definitions of terms.
The following definitions are applicable to this article:
1. "Wiretapping" means the intentional overhearing or recording of a
telephonic or telegraphic communication by a person other than a sender
or receiver thereof, without the consent of either the sender or
receiver, by means of any instrument, device or equipment. The normal
operation of a telephone or telegraph corporation and the normal use of
the services and facilities furnished by such corporation pursuant to
its tariffs or necessary to protect the rights or property of said
corporation shall not be deemed "wiretapping."
2. "Mechanical overhearing of a conversation" means the intentional
overhearing or recording of a conversation or discussion, without the
consent of at least one party thereto, by a person not present thereat,
by means of any instrument, device or equipment.
3. "Telephonic communication" means any aural transfer made in whole
or in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection
between the point of origin and the point of reception (including the
use of such connection in a switching station) furnished or operated by
any person engaged in providing or operating such facilities for the
transmission of communications and such term includes any electronic
storage of such communications.
4. "Aural transfer" means a transfer containing the human voice at any
point between and including the point of origin and the point of
reception.
5. "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted
in whole or in part by a wire, radio, electromagnetic, photoelectronic
or photo-optical system, but does not include:
(a) any telephonic or telegraphic communication; or
(b) any communication made through a tone only paging device; or
(c) any communication made through a tracking device consisting of an
electronic or mechanical device which permits the tracking of the
movement of a person or object; or
(d) any communication that is disseminated by the sender through a
method of transmission that is configured so that such communication is
readily accessible to the general public.
6. "Intercepting or accessing of an electronic communication" and
"intentionally intercepted or accessed" mean the intentional acquiring,
receiving, collecting, overhearing, or recording of an electronic
communication, without the consent of the sender or intended receiver
thereof, by means of any instrument, device or equipment, except when
used by a telephone company in the ordinary course of its business or
when necessary to protect the rights or property of such company.
7. "Electronic communication service" means any service which provides
to users thereof the ability to send or receive wire or electronic
communications.
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.
S 250.05 Eavesdropping.
A person is guilty of eavesdropping when he unlawfully engages in
wiretapping, mechanical overhearing of a conversation, or intercepting
or accessing of an electronic communication.
Eavesdropping is a class E felony.
S 250.10 Possession of eavesdropping devices.
A person is guilty of possession of eavesdropping devices when, under
circumstances evincing an intent to use or to permit the same to be used
in violation of section 250.05, he possesses any instrument, device or
equipment designed for, adapted to or commonly used in wiretapping or
mechanical overhearing of a conversation.
Possession of eavesdropping devices is a class A misdemeanor.
S 250.15 Failure to report wiretapping.
A telephone or telegraph corporation is guilty of failure to report
wiretapping when, having knowledge of the occurrence of unlawful
wiretapping, it does not report such matter to an appropriate law
enforcement officer or agency.
Failure to report wiretapping is a class B misdemeanor.
S 250.20 Divulging an eavesdropping warrant.
A person is guilty of divulging an eavesdropping warrant when,
possessing information concerning the existence or content of an
eavesdropping warrant issued pursuant to article seven hundred of the
criminal procedure law, or concerning any circumstances attending an
application for such a warrant, he discloses such information to another
person; except that such disclosure is not criminal or unlawful when
permitted by section 700.65 of the criminal procedure law or when made
to a state or federal agency specifically authorized by law to receive
reports concerning eavesdropping warrants, or when made in a legal
proceeding, or to a law enforcement officer or agency connected with the
application for such warrant, or to a legislative committee or temporary
state commission, or to the telephone or telegraph corporation whose
facilities are involved, or to any entity operating an electronic
communications service whose facilities are involved.
Divulging an eavesdropping warrant is a class A misdemeanor.
S 250.25 Tampering with private communications.
A person is guilty of tampering with private communications when:
1. Knowing that he does not have the consent of the sender or
receiver, he opens or reads a sealed letter or other sealed private
communication; or
2. Knowing that a sealed letter or other sealed private communication
has been opened or read in violation of subdivision one of this section,
he divulges without the consent of the sender or receiver, the contents
of such letter or communication, in whole or in part, or a resume of any
portion of the contents thereof; or
3. Knowing that he does not have the consent of the sender or
receiver, he obtains or attempts to obtain from an employee, officer or
representative of a telephone or telegraph corporation, by connivance,
deception, intimidation or in any other manner, information with respect
to the contents or nature thereof of a telephonic or telegraphic
communication; except that the provisions of this subdivision do not
apply to a law enforcement officer who obtains information from a
telephone or telegraph corporation pursuant to section 250.35; or
4. Knowing that he does not have the consent of the sender or
receiver, and being an employee, officer or representative of a
telephone or telegraph corporation, he knowingly divulges to another
person the contents or nature thereof of a telephonic or telegraphic
communication; except that the provisions of this subdivision do not
apply to such person when he acts pursuant to section 250.35.
Tampering with private communications is a class B misdemeanor.
S 250.30 Unlawfully obtaining communications information.
A person is guilty of unlawfully obtaining communications information
when, knowing that he does not have the authorization of a telephone or
telegraph corporation, he obtains or attempts to obtain, by deception,
stealth or in any other manner, from such corporation or from any
employee, officer or representative thereof:
1. Information concerning identification or location of any wires,
cables, lines, terminals or other apparatus used in furnishing telephone
or telegraph service; or
2. Information concerning a record of any communication passing over
telephone or telegraph lines of any such corporation.
Unlawfully obtaining communications information is a class B
misdemeanor.
S 250.35 Failing to report criminal communications.
1. It shall be the duty of a telephone or telegraph corporation, or an
entity operating an electronic communications service, and of any
employee, officer or representative thereof having knowledge that the
facilities of such corporation or entity are being used to conduct any
criminal business, traffic or transaction, to furnish or attempt to
furnish to an appropriate law enforcement officer or agency all
pertinent information within his possession relating to such matter, and
to cooperate fully with any law enforcement officer or agency
investigating such matter.
2. A person is guilty of failing to report criminal communications
when he knowingly violates any duty prescribed in subdivision one of
this section.
Failing to report criminal communications is a class B misdemeanor.
S 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.
S 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.
S 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.
S 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, as defined, respectively, in
section 250.50 or 250.45 of this article, intentionally disseminates
such image or images.
Dissemination of an unlawful surveillance image in the second degree
is a class A misdemeanor.
S 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
essential elements of the crime of unlawful surveillance in the first or
second degree, sells or publishes such image or images; or
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; or
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.
S 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)
security system wherein a written notice is conspicuously posted on the
premises 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.
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