Expands unlawful surveillance in the first degree to include instances where the surveillance is of a person who has an active order of protection against them.
Impact
Should S09438 be enacted, it will have significant implications on how unlawful surveillance is prosecuted in New York. By categorizing such acts as a class D felony, the bill aims to deter potential offenders from invading the privacy of individuals under protection orders. This change also sends a clear message about the seriousness of violating personal boundaries established by legal measures, thereby reinforcing the importance of such orders within the state's legal framework.
Summary
Bill S09438 focuses on expanding the scope of unlawful surveillance as defined under New York's penal law. Specifically, it seeks to amend the existing law around unlawful surveillance in the first degree, which currently prohibits certain types of surveillance practices. The bill introduces provisions that classify unlawful surveillance in the first degree not only based on prior convictions but also when the surveillance targets individuals who are under active orders of protection against the person surveilling. This aims to bolster protections for individuals who are often victims of harassment or abuse and have taken legal steps to protect themselves.
Contention
Despite the intended protections, there may be points of contention regarding the bill. Critics might argue that increasing penalties and broadening the definition of unlawful surveillance could lead to potential misuse of the legal system, especially in cases where accusations may not be substantiated. Furthermore, concerns regarding balancing individual privacy rights with the right to gather information could also be raised, as communication on these matters can often be nuanced. The legal community will need to navigate these complexities as the bill progresses through the legislative process.
Same As
Expands unlawful surveillance in the first degree to include instances where the surveillance is of a person who has an active order of protection against them.
Expands unlawful surveillance in the first degree to include instances where the surveillance is of a person who has an active order of protection against them.
Prohibits the use of biometric surveillance system or biometric surveillance information in places of public accommodation; prohibits entering into any agreement that authorizes any third party to use any biometric surveillance system or biometric surveillance information; provides penalties for violations.
Requires lifetime post-release supervision for offenders convicted of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first and second degrees or sexual abuse in the first degree when the other person is less than eleven years old; prohibits good behavior allowances against a determinate sentence for a person convicted of any such crimes.
Memorializes Congress to reform the Foreign Intelligence Surveillance Act and the Foreign Intelligence Surveillance Court and to restore the rights of privacy and protection against unreasonable searches and seizures
Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.
Establishes the crime of voyeurism in the first and second degree which is defined as when someone for their own amusement, entertainment, profit, sexual arousal or sexual gratification trespasses or uses an instrument to observe for the purpose of viewing 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.