New York Voyeurism and Hidden Camera Laws: Penalties and Protections

New York prohibits secret recordings of people in private spaces and upskirting under N.Y. Penal Law 250.45, unlawful surveillance in the second degree. Violations are a Class E felony punishable by up to 4 years in prison. Repeat offenders face a Class D felony with mandatory sex offender registration, and a first conviction for a hidden camera in a private room, upskirting, or recording for sexual gratification is also a registrable sex offense unless the judge finds registration unduly harsh.

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 a person undressing or their intimate parts. For amusement, entertainment, or profit, for sexual arousal or gratification, or to degrade or abuse a person, using or installing an imaging device to surreptitiously view, broadcast, or record a person dressing or undressing, or the person's sexual or other intimate parts (including parts covered only by underwear), 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, without the person's knowledge or consent, to surreptitiously view, broadcast, or record the sexual or other intimate parts of a person under the clothing they are wearing. 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. For no legitimate purpose, intentionally using or installing (or permitting the use 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 that person's knowledge or consent. The statute creates a rebuttable presumption that anyone who uses or installs an imaging device in one of these rooms did so for no legitimate purpose.

Recording sexual conduct. For amusement, entertainment, profit, sexual arousal or gratification, or to degrade or abuse a person, using or installing an imaging device to surreptitiously view, broadcast, or record a person, in an identifiable manner, engaging in sexual conduct and in the same image with the sexual or intimate part of another person, at a place and time when the person has a reasonable expectation of privacy, without that person's knowledge or consent.

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:

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

Registration is not limited to repeat offenders. Under Correction Law 168-a, a first conviction under subdivision 2, 3, or 4 of Penal Law 250.45 (recording for sexual gratification, hidden cameras in bedrooms, bathrooms, changing rooms, or hotel rooms, and upskirting) is a registrable sex offense unless the judge, on the defendant's motion, finds registration would be unduly harsh and inappropriate.

Registration means annual verification with law enforcement for 20 years at the lowest risk level and for life at higher risk levels (Correction Law 168-h).

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 an image of another person's sexual or other intimate parts, knowing it was obtained through conduct that meets the elements of unlawful surveillance. 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 anyone who sells or publishes an image knowing it came from unlawful surveillance, to the person who made the illegal recording and then shares it, and to a repeat disseminator with a prior conviction in the past 10 years. This is a Class E felony, punishable by up to 4 years in prison, even for a first offense in the first two situations.

Posting unlawful surveillance images online so the public can see them counts as publishing under Penal Law 250.40, so it falls under first-degree dissemination, a Class E felony. Separately, Penal Law 250.65 sets out exceptions: the unlawful surveillance and dissemination crimes do not apply to law enforcement performing authorized duties, to security systems with a conspicuously posted written notice that video surveillance is installed for security, or to cameras whose presence is clearly and immediately obvious.

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

New York has already expanded the revenge imagery statute in some respects, and additional expansions are pending. The Hinchey amendment (S.1042-A, signed September 29, 2023, effective November 28, 2023) added AI-generated and digitized images to Penal Law section 245.15. Civil Rights Law section 52-c creates a related civil right of action against anyone who disseminates a nonconsensual sexually explicit deepfake of an identifiable person. Status of related changes:

• Threats to distribute intimate images (pending). Pending legislation (referenced in Senate press releases) would make it illegal to threaten to share intimate images as a form of coercion or intimidation. This expansion has passed the Senate but is not yet enacted.
• AI-generated deepfakes (enacted). Penal Law section 245.15 was amended by Hinchey S.1042-A, signed September 29, 2023 and effective November 28, 2023 (60 days after signing), to expressly cover AI-generated and digitized intimate images. This is now in force. Additionally, Civil Rights Law section 52-c creates a private civil right of action against anyone who disseminates a sexually explicit AI-generated or digitally altered depiction of an identifiable person without consent.
• Tiered penalty structure (pending). Senate Bill S7202A, which passed the Senate on March 11, 2026 and is in the Assembly Codes Committee, would replace Penal Law 245.15 with three degrees: a Class A misdemeanor for nonconsensual sharing without intent to harm (where the sharer knew or should have known the person did not consent), a Class E felony for sharing with intent to cause harm or for profit, or after a prior conviction, and a Class D felony for more serious repeat or bias-targeted cases.

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. Secretly placing a camera in a bedroom, bathroom, changing area, or hotel, motel, or inn guest room 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 may not video record employees in restrooms, locker rooms, or rooms designated for changing clothes unless a court orders it, under Labor Law 203-c, which also lets employees sue. A hidden camera in those rooms can also be unlawful surveillance. 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

New York has no single civil statute for hidden-camera recording, and it does not recognize common-law privacy claims such as intrusion upon seclusion or public disclosure of private facts (Howell v. New York Post Co., 1993). Civil claims come instead from specific statutes:

• Shared or threatened images: Civil Rights Law 52-b allows compensatory and punitive damages, an injunction, and attorney's fees (see below)
• Employer cameras: an employee video recorded by an employer in a restroom, locker room, or changing room can sue under Labor Law 203-c for damages, attorney's fees, and an injunction
• Neighbor cameras: a homeowner or tenant can sue under Civil Rights Law 52-a over a camera on adjoining property aimed at their backyard with intent to harass, annoy, alarm, or threaten

In some cases a claim for intentional infliction of emotional distress may also be available.

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 52-b, which lets a person sue someone who, to harass, annoy, or alarm them, shares or publishes, or threatens to share or publish, an intimate image taken when they reasonably expected it to stay private, without their consent; the court may award compensatory and punitive damages, an injunction, and attorney's fees
• New York Civil Rights Law Section 52-c, a parallel private right of action covering sexually explicit AI-generated or digitally altered ('deepfake') depictions
• 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 TAKE IT DOWN Act (2025) makes it a federal crime to knowingly publish intimate images of a person without consent, including AI-generated fakes, and since May 19, 2026 has required online platforms to remove reported images within 48 hours. It does not create a right to sue; a separate federal law, 15 U.S.C. 6851, lets a person sue over the nonconsensual disclosure of intimate images.

Penalty Summary Table

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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Frequently Asked Questions

Is voyeurism a crime in New York?

Yes. Unlawful surveillance in the second degree under Penal Law 250.45 covers voyeuristic recording and is a Class E felony with up to 4 years in prison. However, current law requires the use of an imaging device. A pending bill (S524) would create a standalone voyeurism crime that covers peeping without a camera.

What is the penalty for a hidden camera in a bathroom or bedroom in New York?

Secretly using or installing a camera to record someone in a bathroom, bedroom, changing room, or hotel room can be unlawful surveillance in the second degree, a Class E felony punishable by up to 4 years in state prison and fines up to $5,000. A first conviction for a hidden camera in one of those rooms can also require sex offender registration unless the judge finds it unduly harsh. A second offense within 10 years becomes a Class D felony with up to 7 years in prison and mandatory sex offender registration.

Is sharing intimate images without consent illegal in New York?

Yes. Penal Law 245.15 makes it a Class A misdemeanor (up to 1 year in jail) to intentionally disseminate intimate images of an identifiable person without their consent when done with intent to cause harm. This applies even if the images were originally taken with consent. Since 2023 the law has also covered AI-generated and digitally altered intimate images. Threatening to share an intimate image is not yet a crime under Penal Law 245.15, but Civil Rights Law 52-b already lets a victim sue someone who threatens to share one.

Can I install a nanny cam in my home in New York?

You can install cameras in common areas of your home (living room, kitchen, playroom) to monitor childcare providers. You cannot place cameras in bathrooms, guest bedrooms, or changing areas where the caregiver has a reasonable expectation of privacy. If the camera records audio, New York one-party consent rules apply, meaning you need to be a participant in any captured conversation or have consent from at least one participant.

What should I do if I find a hidden camera in a New York hotel room or rental?

Contact local law enforcement immediately. A hidden camera in a hotel room, or in the bedroom or bathroom of an Airbnb or similar rental, can be a Class E felony under Penal Law 250.45. Do not disturb the device, as it is evidence of a crime. Document its location with your own photos if possible. You may also have civil claims, for example under Civil Rights Law 52-b if images are shared or threatened to be shared, though New York does not recognize a general common-law privacy lawsuit. Report the property to the hosting platform as well.