N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Order, Public Sensibilities and the Right to Privacy / ARTICLE Offenses Against the Right to Privacy
New York Consolidated Laws

N.Y. Penal Law § 250.40 (2026)

Unlawful surveillance; definitions

✓ current as of May 2026
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§ 250.40 Unlawful surveillance; definitions.
  The following definitions shall apply to sections 250.45, 250.50,
250.55 and 250.60 of this article:
  1. "Place and time when a person has a reasonable expectation of
privacy" means a place and time when a reasonable person would believe
that he or she could fully disrobe in privacy.
  2. "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 utilized
to observe a person.
  3. "Sexual or other intimate parts" means the human male or female
genitals, pubic area or buttocks, or the female breast below the top of
the nipple, and shall include such part or parts which are covered only
by an undergarment.
  4. "Broadcast" means electronically transmitting a visual image with
the intent that it be viewed by a person.
  5. "Disseminate" means to give, provide, lend, deliver, mail, send,
forward, transfer or transmit, electronically or otherwise to another
person.
  6. "Publish" means to (a) disseminate, as defined in subdivision five
of this section, with the intent that such image or images be
disseminated to ten or more persons; or (b) disseminate with the intent
that such images be sold by another person; or (c) post, present,
display, exhibit, circulate, advertise or allows access, electronically
or otherwise, so as to make an image or images available to the public;
or (d) disseminate with the intent that an image or images be posted,
presented, displayed, exhibited, circulated, advertised or made
accessible, electronically or otherwise and to make such image or images
available to the public.
  7. "Sell" means to disseminate to another person, as defined in
subdivision five of this section, or to publish, as defined in
subdivision six of this section, in exchange for something of value.
Notes of Decisions
Cited in 11 cases, 2006–2020 · leading case: People v. Evans, 27 A.D.3d 905 (N.Y. App. Div. 2006).
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People v. Evans, 27 A.D.3d 905 (N.Y. App. Div. 2006). “, “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” (Penal Law § 250.”
People v. Schreier, 5 N.E.3d 985 (N.Y. 2014). · cites it 2× “*498 Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 250.40 at 250). The woman for whom the law was named had been secretly recorded in her bedroom by her landlord, who had placed a hidden camera in a smoke detector (see id,.”
Foster v. Svenson, 128 A.D.3d 150 (N.Y. App. Div. 2015). “We note that defendant’s conduct here, while clearly invasive, does not implicate the type of criminal conduct covered by Penal Law § 250.40 et seq., prohibiting unlawful surveillance.”
State of Maine v. Mark W. Strong Sr., 2013 ME 21 (Me. 2013). “); N.Y. Penal Law §§ 250.40 , 250.45 (LEXIS through 2012 released chapters 1-505).”
People v. Piznarski, 113 A.D.3d 166 (N.Y. App. Div. 2013). · cites it 2× “Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 250.40). As relevant here: “A person is guilty of unlawful surveillance in the second degree when: “1.”
People v. Schreier, 29 Misc. 3d 1191 (2010). · cites it 2× “” (Penal Law § 250.40 [1].) Thus the phrase reasonable expectation of privacy is to be understood in the specific context of a place and time where someone could fully disrobe.”
United States v. Cadet MARK R. CONLIFFE, 65 M.J. 819 (A.C.C.A. 2007). “"Stephanie's Law”, N.Y. Penal Law § 250.40 (Consol.2007), et seq.”
People v. Morriale, 20 Misc. 3d 558 (N.Y. City Crim. Ct. 2008). · cites it 3× “(Governor’s Press Release, June 23, 2003, cited in Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 250.40, 2008 Supp Pamph, at 247.”
People v. Piznarski, 113 A.D.3d 166 (N.Y. App. Div. 2013). · cites it 2× “Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 250.40). As relevant here: “A person is guilty of unlawful surveillance in the second degree when: “1.”
People v. Swinton (Herbert) (N.Y. App. Term. 2020). “Contrary to defendant's present contention, the instrument sufficiently alleges that he utilized an "imaging device," which is defined as including a "cellular phone or any other instrument capable of recording, storing or transmitting visual images that can be utilized to…”
Jose Rodriguez v. Attorney Gen. United States, 559 F. App'x 188 (3d Cir. 2014). “40 defines “[s]exual or other intimate parts” for the purpose of the relevant offense as “the human male or female genitals, pubic area or buttocks, or the female breast below the top of the nipple, and shall include such part or parts which are covered only by an undergarment.”
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