(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.
Structure New York Laws
Title N - Offenses Against Public Order, Public Sensibilities and the Right to Privacy
Article 250 - Offenses Against the Right to Privacy
250.00 - Eavesdropping; Definitions of Terms.
250.10 - Possession of Eavesdropping Devices.
250.15 - Failure to Report Wiretapping.
250.20 - Divulging an Eavesdropping Warrant.
250.25 - Tampering With Private Communications.
250.30 - Unlawfully Obtaining Communications Information.
250.35 - Failing to Report Criminal Communications.
250.40 - Unlawful Surveillance; Definitions.
250.45 - Unlawful Surveillance in the Second Degree.
250.50 - Unlawful Surveillance in the First Degree.
250.55 - Dissemination of an Unlawful Surveillance Image in the Second Degree.
250.60 - Dissemination of an Unlawful Surveillance Image in the First Degree.
250.65 - Additional Provisions.
250.70 - Unlawful Dissemination of a Personal Image; Definitions, Application.