New York statute
N.Y. Penal Law § 250.45 — Unlawful surveillance in the second degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 250: Offenses Against the Right to Privacy, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 250.45
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is unlawful surveillance in the second degree in New York?
Unlawful surveillance in the second degree is a Class E Felony in New York under N.Y. Penal Law § 250.45.
Which New York statute covers unlawful surveillance in the second degree?
Unlawful surveillance in the second degree is governed by N.Y. Penal Law § 250.45 (Unlawful surveillance in the second degree).
This reference is informational and is not legal advice.