§ 250.45 Unlawful surveillance in the second degree.\n A person is guilty of unlawful surveillance in the second degree when:\n 1. For his or her own, or another person's amusement, entertainment,\nor profit, or for the purpose of degrading or abusing a person, he or\nshe intentionally uses or installs, or permits the utilization or\ninstallation of an imaging device to surreptitiously view, broadcast or\nrecord a person dressing or undressing or the sexual or other intimate\nparts of such person at a place and time when such person has a\nreasonable expectation of privacy, without such person's knowledge or\nconsent; or\n 2. For his or her own, or another person's sexual arousal or sexual\ngratification, he or she intentionally uses or installs, or permits the\nutilization or installation of an imaging device to surreptitiously\nview, broadcast or record a person dressing or undressing or the sexual\nor other intimate parts of such person at a place and time when such\nperson has a reasonable expectation of privacy, without such person's\nknowledge or consent; or\n 3. (a) For no legitimate purpose, he or she intentionally uses or\ninstalls, or permits the utilization or installation of an imaging\ndevice to surreptitiously view, broadcast or record a person in a\nbedroom, changing room, fitting room, restroom, toilet, bathroom,\nwashroom, shower or any room assigned to guests or patrons in a motel,\nhotel or inn, without such person's knowledge or consent.\n (b) For the purposes of this subdivision, when a person uses or\ninstalls, or permits the utilization or installation of an imaging\ndevice in a bedroom, changing room, fitting room, restroom, toilet,\nbathroom, washroom, shower or any room assigned to guests or patrons in\na hotel, motel or inn, there is a rebuttable presumption that such\nperson did so for no legitimate purpose; or\n 4. Without the knowledge or consent of a person, he or she\nintentionally uses or installs, or permits the utilization or\ninstallation of an imaging device to surreptitiously view, broadcast or\nrecord, under the clothing being worn by such person, the sexual or\nother intimate parts of such person; or\n 5. For his or her own, or another individual's amusement,\nentertainment, profit, sexual arousal or gratification, or for the\npurpose of degrading or abusing a person, the actor intentionally uses\nor installs or permits the utilization or installation of an imaging\ndevice to surreptitiously view, broadcast, or record such person in an\nidentifiable manner:\n (a) engaging in sexual conduct, as defined in subdivision ten of\nsection 130.00 of this part;\n (b) in the same image with the sexual or intimate part of any other\nperson; and\n (c) at a place and time when such person has a reasonable expectation\nof privacy, without such person's knowledge or consent.\n Unlawful surveillance in the second degree is a class E felony.\n
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