New York Voyeurism and Hidden Camera Laws: Penalties and Protections

New York criminalizes voyeurism and hidden camera activity through its unlawful surveillance statutes in Penal Law Article 250. These laws target the secret recording of people in private settings, the recording of intimate body parts without consent, and the distribution of images obtained through illegal surveillance. New York also separately addresses the nonconsensual sharing of intimate images under Penal Law 245.15.

This guide covers the specific criminal statutes, penalties for each offense, pending legislation that would strengthen protections, and how New York law handles emerging threats like AI-generated intimate images.

Current Unlawful Surveillance Laws

Definitions: Penal Law 250.40

Penal Law Section 250.40 establishes the definitions that underpin New York's unlawful surveillance framework:

"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 used to observe a person.

"Place and time when a person has a reasonable expectation of privacy" means a place and time when a reasonable person would believe that they could fully disrobe in privacy. This includes bedrooms, bathrooms, fitting rooms, changing rooms, restrooms, showers, and hotel rooms.

"Intimate parts" means the naked or underwear-clad genitals, pubic area, buttocks, or female breast below the top of the nipple.

"Broadcast" means to electronically transmit a visual image with the intent that it be viewed by another person.

These definitions are precise and control which conduct falls within the criminal statutes. The "imaging device" requirement is particularly important because current law only criminalizes voyeurism that involves a recording or viewing device.

Unlawful Surveillance in the Second Degree: Penal Law 250.45

Penal Law Section 250.45 is the primary statute targeting hidden camera activity and voyeuristic recording. A person commits this offense in several distinct ways:

Recording in private spaces. Using or installing an imaging device to surreptitiously view, broadcast, or record a person dressing, undressing, or exposing intimate parts at a place and time when the person has a reasonable expectation of privacy, without that person's knowledge or consent.

Upskirting and similar conduct. Using or installing an imaging device to surreptitiously view, broadcast, or record under the clothing of another person at a place and time when a reasonable person would believe their intimate parts would not be visible. This applies regardless of whether the victim is in a public or private place. A person can be convicted of this offense for recording under someone's clothing on a subway platform, in a store, or anywhere else.

Hidden cameras in private rooms. Using or installing an imaging device in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower, or any room assigned to guests or patrons in a motel, hotel, inn, or other lodging establishment, for the purpose of surreptitiously recording.

Recording for improper purposes. Using or installing an imaging device to surreptitiously view, broadcast, or record a person in any of the above private spaces without knowledge or consent, for the purpose of amusement, entertainment, profit, sexual arousal, sexual gratification, or to degrade or abuse a person.

Each of these scenarios constitutes a Class E felony, punishable by:

• Up to 4 years in state prison (indeterminate sentence)
• Fines up to $5,000
• Probation as an alternative to incarceration in some cases
• A permanent criminal record

Unlawful Surveillance in the First Degree: Penal Law 250.50

Penal Law Section 250.50 applies when a person commits unlawful surveillance in the second degree and has a prior conviction for unlawful surveillance in either the first or second degree within the preceding 10 years.

This elevated charge is a Class D felony, carrying:

• 2 to 7 years in state prison (indeterminate sentence)
• Fines up to $5,000
• Mandatory registration as a sex offender under New York's Sex Offender Registration Act (SORA)

Sex offender registration is a lifelong consequence. Registered sex offenders face restrictions on where they can live and work, must regularly report to law enforcement, and appear on publicly searchable registries. This makes a second unlawful surveillance conviction far more damaging than the prison sentence alone.

Dissemination of Unlawful Surveillance Images

New York separately criminalizes the distribution of images obtained through unlawful surveillance:

Dissemination in the second degree (Penal Law 250.55) occurs when a person intentionally disseminates a recorded image of another identifiable person that was obtained through unlawful surveillance. The person must know the image was obtained through unlawful means and must distribute it without the subject's consent. This is a Class A misdemeanor, punishable by up to 1 year in jail.

Dissemination in the first degree (Penal Law 250.60) applies to repeat offenders who have a prior conviction for dissemination within the preceding 10 years. This is a Class E felony, punishable by up to 4 years in prison.

Owning or maintaining a website for dissemination (Penal Law 250.65) targets individuals who create or maintain websites or online services for the purpose of disseminating unlawful surveillance images. This is also a Class E felony.

Nonconsensual Intimate Images (Revenge Imagery)

Penal Law 245.15: Unlawful Dissemination of Intimate Images

Penal Law Section 245.15 addresses what is commonly called "revenge imagery" or nonconsensual pornography. This statute, separate from the unlawful surveillance laws, criminalizes the intentional dissemination of intimate images when:

• The image depicts another identifiable person with intimate parts exposed or engaging in sexual conduct
• The dissemination was done with intent to cause harm to the emotional, financial, or physical welfare of the depicted person
• The actor knew or reasonably should have known that the person depicted did not consent to the dissemination
• This includes images originally taken with consent when the depicted person had a reasonable expectation that the image would remain private

This offense is a Class A misdemeanor, carrying up to 1 year in jail and potential fines.

Exceptions Under the Intimate Image Law

Penal Law 245.15 does not apply to:

• Reporting unlawful conduct to law enforcement or other authorities
• Dissemination during lawful practices of law enforcement, legal proceedings, or medical treatment
• Images involving voluntary exposure in a public or commercial setting (such as professional adult content)
• Dissemination for a legitimate public purpose

The statute also preserves the protections of Section 230 of the Communications Decency Act (47 U.S.C. 230), meaning interactive computer services are not liable for intimate images posted by third-party users.

Pending Legislation

Senate Bill S524: Creating a Standalone Voyeurism Crime

Senate Bill S524 would create new sections 250.51 (voyeurism in the second degree) and 250.52 (voyeurism in the first degree) in the Penal Law. This bill addresses a significant gap in current law.

Currently, New York's unlawful surveillance statutes require the use of an "imaging device." This means that a person who physically watches (peeps at) someone in a private setting without using a camera or recording device does not commit unlawful surveillance under existing law. The proposed voyeurism statute would criminalize intentional viewing of another person without an imaging device when done for purposes like sexual arousal, entertainment, or to degrade the victim, in settings where the victim has an expectation of privacy.

Expanding the Revenge Imagery Statute

The New York State Senate has voted to expand the revenge imagery statute to cover:

• Threats to distribute intimate images. Under current law, only actual dissemination is criminalized. Pending legislation (referenced in Senate press releases) would make it illegal to threaten to share intimate images as a form of coercion or intimidation.
• AI-generated deepfakes. The expanded statute would cover digitally created or altered images that depict an identifiable person in intimate situations, even if the image is entirely fabricated using artificial intelligence. This addresses the growing threat of AI-generated nonconsensual intimate imagery.
• Tiered penalty structure. Proposed changes would create a misdemeanor for nonconsensual sharing without intent to harm (where the sharer knew or should have known the person did not consent) and a felony for sharing with intent to cause harm.

Hidden Camera Scenarios

Hidden Cameras in Rental Properties

Landlords and short-term rental hosts who install hidden cameras in tenant or guest spaces face serious criminal liability. Placing a camera in a bedroom, bathroom, or any room assigned to a guest or tenant triggers Penal Law 250.45. This applies to:

• Airbnb and VRBO rental properties
• Hotel and motel rooms
• Rented apartments and houses
• Guest rooms in bed-and-breakfast establishments

Guests and tenants who discover hidden cameras should contact local law enforcement immediately. The recording devices themselves are evidence of a felony.

Hidden Cameras in the Workplace

Employers who install cameras in areas where employees have a reasonable expectation of privacy (bathrooms, locker rooms, changing areas) violate the unlawful surveillance statutes. Standard security cameras in common work areas (lobbies, hallways, sales floors) are generally permissible as long as they are not positioned to capture intimate areas or private spaces.

Hidden Cameras in Domestic Settings

Domestic partners or spouses who install hidden cameras to record intimate activities without the other person's knowledge can be prosecuted under the unlawful surveillance statutes. New York courts have applied these laws in domestic situations where one partner secretly records the other in private settings.

Parents installing cameras to monitor childcare providers (nanny cams) in common areas of the home generally do not violate the statute, as common living spaces are not "places where a person has a reasonable expectation of privacy" for purposes of disrobing. However, cameras should never be placed in bathrooms, guest bedrooms, or changing areas.

Civil Remedies for Victims

Lawsuits for Unlawful Surveillance

Victims of voyeurism and hidden camera offenses in New York can file civil lawsuits seeking:

• Compensatory damages for emotional distress, psychological harm, therapy costs, and lost wages
• Punitive damages for willful, malicious, or outrageous conduct
• Injunctive relief requiring the defendant to remove cameras, delete images, and stop distribution
• Attorney's fees and court costs

New York courts recognize the tort of intrusion upon seclusion, which provides a common-law basis for privacy claims even beyond the criminal statutes.

Civil Remedies Under the Intimate Image Law

Victims of nonconsensual intimate image distribution may also have civil causes of action under:

• New York Civil Rights Law Section 50-b, which protects the identity of sex crime victims
• Common-law privacy torts, including public disclosure of private facts and intrusion upon seclusion
• Intentional infliction of emotional distress claims

Orders of Protection

Victims can seek orders of protection (restraining orders) in criminal or family court proceedings. These orders can prohibit the offender from contacting the victim, require deletion of images, and impose other restrictions.

Federal Law

Federal statutes provide additional protections beyond New York state law:

The Video Voyeurism Prevention Act (18 U.S.C. 1801) prohibits photographing or recording the intimate areas of another person without consent in the special maritime and territorial jurisdiction of the United States, including federal buildings, military installations, and national parks. Violations are punishable by a fine, up to one year in prison, or both.

The STOP CSAM Act and related federal legislation target the distribution of nonconsensual intimate images through interstate commerce, particularly on online platforms.

Penalty Summary Table

Offense	Statute	Classification	Maximum Penalty
Unlawful surveillance, 2nd degree	PL 250.45	Class E Felony	Up to 4 years in prison
Unlawful surveillance, 1st degree	PL 250.50	Class D Felony	Up to 7 years; sex offender registration
Dissemination of surveillance image, 2nd degree	PL 250.55	Class A Misdemeanor	Up to 1 year in jail
Dissemination of surveillance image, 1st degree	PL 250.60	Class E Felony	Up to 4 years in prison
Unlawful dissemination of intimate image	PL 245.15	Class A Misdemeanor	Up to 1 year in jail

More New York Recording Laws

Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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