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Unlawful Surveillance

Unlawful surveillance in New York involves the unauthorized and intentional observation or recording of individuals in private settings without their knowledge and consent. It encompasses using imaging devices for no legitimate purpose, such as capturing individuals dressing or undressing or recording their sexual or intimate parts without visibility.

The law aims to protect individuals from unwarranted invasions of their privacy, emphasizing the importance of consent and respect for personal boundaries in private spaces.

Nassau County Unlawful Surveillance Lawyer

Unlawful Surveillance is a dangerous conviction that can have devastating consequences to one’s business, livelihood and employment.

The Law Office of Stephanie Selloni represents Long Island clients in Hempstead, Glen Cove, Westbury, and other communities across Nassau and Suffolk County. Call (516) 972-1212 to secure an initial consultation with The Law Office of Stephanie Selloni today.

Unlawful Surveillance Information Center

New York Unlawful Surveillance Explained
- Second Degree
- First Degree
Common Penalties for Unlawful Surveillance in New York
Common Defenses for Unlawful Surveillance
Additional Resources
Hire an Unlawful Surveillance Attorney in Nassau County

What is Unlawful Surveillance?

Unlawful Surveillance in New York is a sexual offense. Defined under New York Penal Law 250.45 and 250.50, involves the unauthorized and intentional observation or recording of another person’s private parts in a private setting, without their knowledge and consent. The key elements of the offense may vary based on the degree of the charge, with distinctions between Unlawful Surveillance in the Second Degree and Unlawful Surveillance in the First Degree.

However, the common theme of unlawful surveillance is that the recording must be of a person dressing or undressing, in the bathroom, shower or under the clothes (‘upskirt’).

Unlawful Surveillance in the Second Degree

Generally, unlawful surveillance Involves the intentional use or installation of an imaging device for no legitimate purpose to surreptitiously observe, broadcast, or record an individual:

Dressing or undressing, or
The sexual or intimate parts of the individual when those parts are not otherwise visible.

In order to be charged with unlawful surveillance, the act must be done without the person’s knowledge and consent. A person can also be charged with unlawful surveillance if that person allows the surveillance to happen.

Unlawful Surveillance in the Second Degree is generally considered a less severe offense compared to those of the first degree and may carry lesser penalties. Second-degree charges may be brought even if the photos are going to be used for profit.

Unlawful Surveillance in the First Degree

A first-degree offense involves the intentional observation or recording of another person in a private setting without their knowledge and consent, similar to a second-degree offense. However, a first-degree offense must be done with the intent to use the images for sexual arousal or gratification.

This offense is more serious than Second-Degree Unlawful Surveillance and may carry harsher penalties.

The key distinction is the intent behind the surveillance. First-degree surveillance involves an intent to use the recorded images for sexual arousal or gratification, making it a more serious offense.

Penalties

Penalties for first and second-degree unlawful surveillance charges in New York can vary based on the severity of the offense and the reason for surveillance.

Here’s a general overview of potential penalties:

Unlawful Surveillance in the Second Degree:
Class E Felony: In New York, unlawful surveillance in the second degree is typically classified as a Class E felony.
Penalties: Conviction of a Class E felony can result in a maximum sentence of up to 1 1/3 to 4 years in prison.
Unlawful Surveillance in the First Degree:
Class D Felony: First-degree unlawful surveillance is usually considered a more serious offense and is classified as a Class D felony.
Penalties: A Class D felony conviction can result in a maximum sentence of up to 2 1/3 to 7 years in prison.

Factors such as prior criminal history and aggravating circumstances may face harsher charges. Additionally, individuals convicted of unlawful surveillance charges may face other consequences, including probation, restitution, protection orders, and registration as a sex offender if applicable.

Defenses

The following is a list of possible defense strategies that an attorney may employ in providing legal assistance with an unlawful surveillance case. The list is not a complete one, however, and it is best to contact a strong defense lawyer if charged with unlawful surveillance.

Consent

If the alleged victim consented to being observed or recorded, it could serve as a defense. However, the consent must be clear, voluntary, and informed.

No Intent

For first-degree unlawful surveillance charges, if there is a lack of evidence showing an intent to use the recorded images for sexual arousal or gratification, it may be a valid defense.

Legitimate Purpose

If the surveillance was conducted for a legitimate purpose, such as security or safety, and not for any unlawful or inappropriate reasons, it might be a defense.

Lack of Privacy Expectations

If the person being observed did not have a reasonable expectation of privacy in the specific location, it could be a defense. Notices of surveillance can be used for these types of defenses. However, there are laws around cameras in motels and hotels and other places of business; it may be difficult to pursue these types of defenses.

Illegal Search and Seizure

If the evidence against the accused was obtained unlawfully or in violation of constitutional rights (e.g., Fourth Amendment rights), it may be possible to challenge the admissibility of that evidence.

Mistaken Identity

If there is reasonable doubt about the identity of the person who committed the offense, it could be a defense. In unlawful surveillance cases, it can be difficult to pinpoint who initiated, allowed or actually committed the surveillance.

Insufficient Evidence

Challenging the prosecution’s evidence and arguing that it is insufficient to prove the elements of the offense beyond a reasonable doubt.

Additional Resources

Nassau County Consumer Affairs – If you believe that the hotel or business you are using is unlawfully surveilling you, contact the Nassau County Department of Consumer Affairs, and then contact the Nassau County Police.