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NY Penal Law § 250.45: Unlawful Surveillance in the Second Degree
Unlawful surveillance in the second degree, NY Penal Law § 250.45, is secretly viewing, broadcasting or recording someone undressing, in an intimate setting, or under their clothing, without their knowledge or consent, using a phone or other imaging device. It is a class E felony, and convictions under some subdivisions require sex offender registration. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who handles these sensitive cases discreetly in Nassau County and Suffolk County courts.
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NY Penal Law § 250.45 at a glance
| Unlawful surveillance in the second degree | |
|---|---|
| Statute | NY Penal Law § 250.45 |
| Charge level | Class E felony (non-violent) |
| Maximum prison term | Up to 4 years |
| Sex offender registration | Subdivisions 2, 3 and 4 are registrable, unless the court finds registration unduly harsh |
| Common settings | Bathrooms, bedrooms, changing rooms, and phones held under clothing |
What NY Penal Law § 250.45 says
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) [There is a rebuttable presumption of no legitimate purpose when a device is used or installed in those rooms.]; 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. [Secretly recording a person, in an identifiable manner, engaging in sexual conduct or in the same image with the intimate parts of another person, at a place and time with a reasonable expectation of privacy, without knowledge or consent, for amusement, profit, gratification or to degrade or abuse.]
Unlawful surveillance in the second degree is a class E felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
Bracketed text is our summary of provisions in the official statute.
What the prosecutor has to prove
- You intentionally used or installed an imaging device, or allowed someone else to.
- You secretly viewed, broadcast or recorded the person in one of the situations the statute describes.
- The person did not know or consent, and (for most subdivisions) had a reasonable expectation of privacy.
- You had the purpose the subdivision requires, such as sexual gratification or degrading the person.
Penalties for unlawful surveillance
| Outcome | What it means |
|---|---|
| Prison | Up to 4 years in state prison (class E felony). Probation is possible. |
| Registration | Under Correction Law 168-a, convictions under subdivisions 2, 3 or 4 require sex offender registration unless the court, on the defendant’s motion, finds registration would be unduly harsh and inappropriate. Subdivisions 1 and 5 are not on that list. |
| Other consequences | Employment, professional licensing, immigration and civil lawsuits are all at stake. |
| Resolution strategy | The subdivision you are convicted under, or a plea to a different charge, can determine whether registration applies. |
In these cases, the charge you plead to can matter as much as the sentence, because of registration. Get advice before any plea.
Accused of unlawful surveillance?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How unlawful surveillance charges show up on Long Island
In the cases we’ve seen over the last two years, PL 250.45 charges come up more often in Nassau County. The subdivisions charged vary, including subdivision 1, subdivision 3 (bathrooms, bedrooms and similar rooms) and subdivision 5.
These cases usually begin with a discovered phone or hidden camera, and they almost always involve a search of devices. How that search was done is often central to the defense.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
A guest finds a phone recording in a bathroom at a house party and gives it to police, who identify the owner. The charge is PL 250.45(3). The defense looks at who placed the phone, what it actually recorded, whether the recording was intentional, and how police searched the phone.
Defenses to a PL 250.45 charge
- No intent or knowledge. An accidental recording is not unlawful surveillance.
- Identification. Who placed or used the device must be proven.
- Device search. Searches of phones and computers require warrants, and evidence can be suppressed.
- Expectation of privacy. Some subdivisions require a place and time where the person reasonably expected privacy.
- Registration strategy. The subdivision or alternative plea can avoid registration.
Related offenses
- Forcible touching (PL 130.52)
- Public lewdness (PL 245.00)
- Sex offender registration and failure to register
- Long Island sex crimes defense
NY Penal Law § 250.45: frequently asked questions
What is unlawful surveillance in the second degree in New York?
Under Penal Law 250.45, it is secretly viewing, broadcasting or recording a person undressing, in intimate settings, or under their clothing, without their knowledge or consent, with an imaging device. It is a class E felony.
Do you have to register as a sex offender for unlawful surveillance?
Under Correction Law 168-a, convictions under subdivisions 2, 3 or 4 of PL 250.45 require registration unless the court, on the defendant’s motion, finds it would be unduly harsh and inappropriate. Subdivisions 1 and 5 are not on that list.
Is it a crime to record someone in a bathroom with a phone?
Yes. Secretly recording someone in a bathroom, bedroom, changing room or similar place for no legitimate purpose is unlawful surveillance under subdivision 3, and there is a presumption of no legitimate purpose.
Can an unlawful surveillance charge be reduced?
Sometimes, depending on the evidence. Because of registration consequences, the specific plea matters greatly.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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