§ 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.
​Unlawful surveillance under PL 250.45 (Unlawful surveillance in the second degree) is the most commonly charged version of this offense. The other unlawful surveillance charge that we see sometimes is PL 250.50 but that charge is for those who've been previously convicted of unlawful surveillance. If it's your first time being accused of unlawful surveillance, you've probably been charged with unlawful surveillance in the second degree. This charge is common in situations where someone is secretly filming the private or intimate parts of another person in the subway, a bathroom, changing area, bedroom, or other area where the victim expected privacy. Unlawful surveillance charges may be filed where consensual sex was secretly recorded without the victim's knowledge or consent.
Unlawful Surveillance Second Degree Penalties - PL 250.45
- Up to 4 years in state prison
- Sex offender registration
- Criminal record
- Employment consequences
- Immigration consequences
Who are you going to court with?
When clients contact us after they've been arrested for unlawful surveillance, it can be a scary time. You can lose your freedom, job, and reputation simply because you've been arrested. Lance Fletcher, a former Manhattan prosecutor, will discuss the facts and circumstances of your case. This is especially important in an unlawful surveillance case because two cases are never the same. What device was used, where was it allegedly located while filming, what images, if any, do the police have as evidence are some of the questions that will help us analyze ways to defend you in court. Lance Fletcher has extensive experience defending unlawful surveillance cases in all New York City courts including in Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. When you meet with Lance Fletcher, he is prepared to review the complaint filed against you, review and discuss the unlawful surveillance charges, and discuss strategies to get the charges reduced or dismissed. If you or a loved-one has been charged with unlawful surveillance in New York City, contact us today.