New York Consolidated Laws, Penal Law - PEN § 250.40 Unlawful surveillance;  definitions

The following definitions shall apply to sections 250.45 , 250.50 , 250.55 and 250.60 of this article:

1. “Place and time when a person has a reasonable expectation of privacy” means a place and time when a reasonable person would believe that he or she could fully disrobe in privacy.

2. “Imaging device” means any mechanical, digital or electronic viewing device, camera, cellular phone or any other instrument capable of recording, storing or transmitting visual images that can be utilized to observe a person.

3. “Sexual or other intimate parts” means the human male or female genitals, pubic area or buttocks, or the female breast below the top of the nipple, and shall include such part or parts which are covered only by an undergarment.

4. “Broadcast” means electronically transmitting a visual image with the intent that it be viewed by a person.

5. “Disseminate” means to give, provide, lend, deliver, mail, send, forward, transfer or transmit, electronically or otherwise to another person.

6. “Publish” means to (a) disseminate, as defined in subdivision five of this section, with the intent that such image or images be disseminated to ten or more persons;  or (b) disseminate with the intent that such images be sold by another person;  or (c) post, present, display, exhibit, circulate, advertise or allows access, electronically or otherwise,  so as to make an image or images available to the public;  or (d) disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible, electronically or otherwise and to make such image or images available to the public.

7. “Sell” means to disseminate to another person, as defined in subdivision five of this section, or to publish, as defined in subdivision six of this section, in exchange for something of value.

FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard