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S T A T E O F N E W Y O R K
________________________________________________________________________
11339
I N A S S E M B L Y
May 11, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
voyeurism in the first and second degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The penal law is amended by adding two new sections 250.51
2 and 250.52 to read as follows:
3 § 250.51 VOYEURISM IN THE SECOND DEGREE.
4 A PERSON IS GUILTY OF VOYEURISM IN THE SECOND DEGREE WHEN:
5 1. FOR SUCH PERSON'S OWN AMUSEMENT, ENTERTAINMENT, PROFIT, SEXUAL
6 AROUSAL OR SEXUAL GRATIFICATION, OR FOR THE PURPOSE OF DEGRADING OR
7 ABUSING A PERSON, SUCH PERSON (A) TRESPASSES, AS DEFINED IN SECTION
8 140.05 OF THIS PART OR (B) SURREPTITIOUSLY VIEWS A PERSON USING ANY
9 MECHANICAL, DIGITAL, ELECTRONIC VIEWING DEVICE, CAMERA, CELLULAR PHONE
10 OR ANY OTHER INSTRUMENT THAT CAN BE USED TO OBSERVE A PERSON, FOR THE
11 PURPOSE OF VIEWING A PERSON DRESSING OR UNDRESSING OR THE SEXUAL OR
12 OTHER INTIMATE PARTS OF SUCH PERSON AT A PLACE AND TIME WHEN SUCH PERSON
13 HAS A REASONABLE EXPECTATION OF PRIVACY, AS DEFINED IN SUBDIVISION ONE
14 OF SECTION 250.40 OF THIS ARTICLE, WITHOUT SUCH PERSON'S KNOWLEDGE OR
15 CONSENT; OR
16 2. FOR SUCH PERSON'S OWN AMUSEMENT, ENTERTAINMENT, PROFIT, SEXUAL
17 AROUSAL OR SEXUAL GRATIFICATION, OR FOR THE PURPOSE OF DEGRADING OR
18 ABUSING A PERSON, SUCH PERSON (A) TRESPASSES, AS DEFINED IN SECTION
19 140.05 OF THIS PART OR (B) SURREPTITIOUSLY VIEWS A PERSON USING ANY
20 MECHANICAL, DIGITAL, ELECTRONIC VIEWING DEVICE, CAMERA, CELLULAR PHONE
21 OR ANY OTHER INSTRUMENT THAT CAN BE USED TO OBSERVE A PERSON, FOR THE
22 PURPOSE OF VIEWING A PERSON IN AN IDENTIFIABLE MANNER ENGAGING IN SEXUAL
23 CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS PART,
24 AT A PLACE AND TIME WHEN SUCH PERSON HAS A REASONABLE EXPECTATION OF
25 PRIVACY, AS DEFINED IN SUBDIVISION ONE OF SECTION 250.40 OF THIS ARTI-
26 CLE, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
27 VOYEURISM IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
28 § 250.52 VOYEURISM IN THE FIRST DEGREE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01389-03-6
A. 11339 2
1 A PERSON IS GUILTY OF VOYEURISM IN THE FIRST DEGREE WHEN SUCH PERSON
2 COMMITS THE CRIME OF VOYEURISM IN THE SECOND DEGREE AND HAS BEEN PREVI-
3 OUSLY CONVICTED WITHIN THE PAST TEN YEARS OF VOYEURISM IN THE FIRST OR
4 SECOND DEGREE.
5 VOYEURISM IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
6 § 2. Subdivision 1 of section 250.65 of the penal law, as added by
7 chapter 69 of the laws of 2003, is amended to read as follows:
8 1. The provisions of sections 250.45, 250.50, 250.51, 250.52, 250.55
9 and 250.60 of this article do not apply with respect to any: (a) law
10 enforcement personnel, FIREFIGHTERS, HEALTHCARE PROFESSIONALS OR CORREC-
11 TIONAL FACILITY PERSONNEL engaged in the conduct of their authorized
12 duties; (b) security system wherein a written notice is conspicuously
13 posted on the premises stating that a video surveillance system has been
14 installed for the purpose of security; or (c) video surveillance devices
15 installed in such a manner that their presence is clearly and immediate-
16 ly obvious.
17 § 3. This act shall take effect immediately.