New York Consolidated Law

Article 250 - NY Penal Law

• NY Laws ›
• Penal Law ›
• Part 3 ›
• Title N ›
• Article 250

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.

Top of Page