2006 New York Code - Unlawfully Installing Or Maintaining A Two-way Mirror Or Other Viewing Device.



 
    §  395-b.  Unlawfully  installing  or  maintaining a two-way mirror or
  other viewing device. 1.  As used in this section, the  phrase  "two-way
  mirror  or  other  viewing  device"  shall  mean  a  mirror,  peep hole,
  mechanical viewing device, camera or any other instrument or method that
  can be utilized to surreptitiously observe a person.
    2. A person is  guilty  of  unlawfully  installing  or  maintaining  a
  two-way  mirror or other viewing device when, being the owner or manager
  of any premises, he knowingly permits or allows  such  a  device  to  be
  installed  or  maintained  in  or upon such premises, for the purpose of
  surreptitiously observing the interior of any  fitting  room,  restroom,
  toilet,  bathroom,  washroom,  shower, or any room assigned to guests or
  patrons in a motel, hotel or inn.
    2-a. A person is guilty of  unlawfully  installing  or  maintaining  a
  video recording device when, being the owner or manager of any premises,
  he  knowingly  permits  or  allows  such  a  device  to  be installed or
  maintained in or upon such  premises,  for  purpose  of  surreptitiously
  recording  a visual image of the interior of any fitting room, restroom,
  toilet, bathroom, washroom, shower, or any other room assigned to guests
  or patrons in a motel, hotel or inn.
    3. a. The provisions of this section shall not apply with  respect  to
  premises which comprise, or are a part of any
    (i)  public  correctional  or custodial facility, or public or private
  medical facility which is used for the treatment of persons pursuant  to
  medical directive, or
    (ii)  public  or  private  treatment  facility  which  is used for the
  treatment of persons who are committed or are  voluntarily  confined  to
  such facility or are voluntarily receiving treatment thereat, or
    (iii) facility operated by any federal, state or local law enforcement
  agency, or
    (iv) private dwelling.
    b. The provisions of this section shall further not apply with respect
  to  any  fitting  room,  otherwise  subject  to  the  provisions of this
  section, wherein the person who is the owner or manager of such premises
  has caused written notice to be conspicuously posted at the entrance  to
  the  fitting  room stating that a two-way mirror or other viewing device
  has been installed for the purpose of observing  the  interior  of  such
  room.  In  cities  with a population of one million or more, the written
  notice shall be in both English and Spanish.
    4. Whenever there shall be a violation of this section, an application
  may also be made by the attorney general in the name of  the  people  of
  the  state  of New York or by the corporation counsel for any city or by
  the appropriate attorney of any other political subdivision as shall  be
  designated  by  the  governing  body  of such political subdivision to a
  court or justice having jurisdiction to issue an  injunction,  and  upon
  notice  to  the  defendant  of  not  less  than five days, to enjoin and
  restrain the continuance of such violation; and if it  shall  appear  to
  the  satisfaction  of  the  court  or justice that the defendant has, in
  fact, violated this section, an injunction may be issued by  such  court
  or  justice,  enjoining  and  restraining any further violation, without
  requiring proof that any person has, in fact, been  injured  or  damaged
  thereby.  In connection with any such proposed application, the attorney
  general, corporation counsel or other appropriate attorney, as the  case
  may  be,  is  authorized  to  take proof and make a determination of the
  relevant facts and to issue  subpoenas  in  accordance  with  the  civil
  practice law and rules.
    5.  A  violation  of the provisions of this section shall constitute a
  violation, and upon conviction thereof shall be punishable by a term  of
  imprisonment  not  to exceed fifteen days, or by a fine of not more than
  three hundred dollars, or by both such  fine  and  imprisonment,  except
  that a violation of subdivision two-a of this section shall constitute a
  felony.    In  addition,  a  violation of the provisions of this section
  shall  be  punishable  by a civil penalty of not more than three hundred
  dollars recoverable in an action by the attorney general in the name  of
  the people of the state or by the corporation counsel for any city or by
  the  appropriate attorney of any other political subdivision as shall be
  designated by the governing body of  such  political  subdivision.  Each
  unlawfully installed or maintained mirror or viewing or recording device
  shall constitute a separate and distinct violation.

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