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This is what often correlates to “up skirt” videos. Often relied upon by prosecutors in New York City and throughout the State of New York, Unlawful Surveillance also includes the intentional use and installation of an imaging device to view or record the sexual or intimate parts of that person under his or her clothing. If you are accused of this particular subsection, it is of critical import to recognize that the law establishes a presumption (that is rebuttable) allowing the finder of fact to assume that you installed or used this device for no legitimate purpose.

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Here, the purpose is not merely for entertainment, for example, but for your own sexual arousal or gratification and, as always, without their knowledge or consent.Īn additional subsection of Unlawful Surveillance in the Second Degree breaks the crime down further where for no legitimate purpose you intentionally install or use this recording device for use in your target’s bedroom, changing room, bathroom, shower, or similar area without their consent. This must be done at a place and time when this person has a reasonable expectation of privacy and obviously without their knowledge or permission.Ī second theory of PL 250.45 differs from the above elements but is the same crime with the same consequences. Unlawful Surveillance: The Elements of the CrimeĪs a preliminary matter, you are guilty of Second Degree Unlawful Surveillance when for your own amusement, entertainment or profit, or for abusing or degrading the target of your alleged crime, you intentionally use or install some device to surreptitiously view, broadcast or record that person dressing, undressing, or the sexual or other intimate parts of their body. What you need now is to understand the elements of the crime, whether you in fact violated the offense of Unlawful Surveillance, what your defenses may be, and how you and your counsel can either beat the case in its totality or limit your direct and collateral exposure. No, you do not need a criminal defense attorney to tell you as much, nor do you need your lawyer to pat you on the back and tell you it’s OK. Setting up a cam or recording device whether it’s on your mobile phone, buried in a clock or disguised as something else to record women having sex, using the bathroom or changing clothes is simply not acceptable.

Yes, Unlawful Surveillance is a serious offense.

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Certainly, there will be no smiles on your face when your family or friends are securing bail money to free you from the Tombs. Prosecutors will not chuckle when they ask for bail at your felony arraignment and judges will not laugh when they consider setting bail keeping you behind bars as your criminal case progresses.

“Up skirting” is a violation of a person’s personal space and privacy. Let’s start off by first addressing what NY Penal Law 250.45 and 250.50 are not. Unlawful Surveillance: What it is and What it is not Simply, while you may be a college student, Wall Streeter, bartender, teacher, doctor, electrician, engineer or anything in between, the consequences of and for an Unlawful Surveillance arrest and conviction in New York is as serious as just about any other crime found in the New York Penal Law.

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Class “E” and “D” felonies respectively, Second Degree Unlawful Surveillance and First Degree Unlawful Surveillance are not merely punishable by as much as four or seven years in prison respectively, but if you are convicted of these crimes you may end up being required to register as a sex offender under New York’s Sex Offender Registration Act (SORA). In today’s technologically advanced world mixing a volatile cocktail of social media with instant gratification, there are few crimes in New York that have stirred up as much controversy and concern to both accuser and accused as Unlawful Surveillance pursuant to New York Penal Law 250.45 and New York Penal Law 250.40.

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