New York
New York Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 10 primary sources cited on this page. How we verify our legal content
title: "New York Surveillance Camera Laws: What You Need to Know in 2026" meta_description: "Learn about New York surveillance camera laws covering home security, workplace monitoring, hidden cameras, nanny cams, and penalties under NY Penal Law."
Key Takeaways
- New York allows home security cameras on your own property, but recording in areas where people have a reasonable expectation of privacy (bathrooms, bedrooms, changing areas) is a felony under Penal Law 250.45.
- New York is a one-party consent state for audio recording. At least one person in the conversation must consent to the recording.
- Employers must follow Labor Law 203-c (no cameras in restrooms or changing areas) and Civil Rights Law 52-c (written notice required before monitoring employee communications and internet use).
- Hidden nanny cams are legal in New York for video-only recording in common areas of your home, but recording audio without the knowledge of at least one party is illegal.
- Unlawful surveillance is a Class E felony punishable by up to four years in prison for a first offense and up to seven years for a repeat offense.
- NYC has additional rules for multi-unit buildings, including intercom requirements under the Multiple Dwelling Law.
Overview of New York Surveillance Camera Laws
New York does not have a single statute that governs all surveillance camera use. Instead, several overlapping state and city laws regulate where cameras can be placed, whether audio can be recorded, and what happens if someone violates another person's privacy.
The primary laws you need to understand include:
- New York Penal Law Article 250 (Offenses Against the Right to Privacy), which covers eavesdropping, unlawful surveillance, and dissemination of unlawful images
- New York Labor Law Section 203-c (Employee Privacy Protection), which restricts cameras in certain workplace areas
- New York Civil Rights Law Section 52-c (Electronic Monitoring Notice), which requires employers to notify workers of monitoring
- New York Civil Rights Law Section 52-a (Private Right of Action for Unwarranted Video Imaging), which protects homeowners from neighbor surveillance of their backyards
- New York General Business Law Section 395-b (Unlawfully Installing or Maintaining a Two-Way Mirror or Other Viewing Device), which governs viewing and recording devices in fitting rooms, restrooms, and hotel guest rooms on business premises
Understanding how these laws work together is essential whether you are a homeowner installing security cameras, an employer setting up workplace monitoring, or a tenant dealing with cameras in your building.
Home Security Camera Laws in New York
Where You Can Legally Place Cameras
Homeowners in New York have broad authority to install security cameras on their own property. You can place cameras to monitor your front door, driveway, garage, yard, and other exterior areas without restriction, as long as the cameras are on your property or pointed at areas visible from public spaces.
Inside your home, you can install cameras in common areas such as living rooms, kitchens, hallways, and entryways. There is no state law requiring you to post signs or notify visitors about interior cameras used for home security purposes.
Where Cameras Are Prohibited
Even on your own property, New York law restricts where a camera can go. Under Penal Law Section 250.45, it is a Class E felony to install or use an imaging device to surreptitiously view, broadcast, or record a person, for no legitimate purpose and without that person's knowledge or consent, in:
- Bathrooms, restrooms, toilets, and washrooms
- Bedrooms (the statute names a bedroom without limiting it to guest use)
- Changing rooms and fitting rooms
- Showers
- Any room assigned to guests or patrons in a hotel, motel, or inn
The law creates a rebuttable presumption that installing a camera in these locations was done for no legitimate purpose. This means the burden shifts to the person who installed the camera to prove they had a lawful reason for doing so.
Audio Recording Rules for Home Cameras
Many modern security cameras include microphones and audio recording capabilities. New York's eavesdropping laws apply to audio recording separately from video recording.
Under Penal Law Section 250.00, New York defines "mechanical overhearing of a conversation" as the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party, by a person not present at the conversation, using any instrument, device, or equipment.
New York is a one-party consent state. This means that audio recording is legal as long as at least one person involved in the conversation consents to the recording. If you are present during the conversation being recorded, your own consent satisfies this requirement.
However, if you set up a camera to record audio in a room while you are not present, and none of the people being recorded know about or consent to the recording, that could constitute illegal eavesdropping under Penal Law Section 250.05. Eavesdropping is a Class E felony.
Workplace Surveillance Camera Laws
Labor Law Section 203-c: Employee Privacy Protection
New York Labor Law Section 203-c specifically prohibits employers from making video recordings of employees in:
- Restrooms
- Locker rooms
- Rooms designated by the employer for employees to change their clothes
This prohibition applies unless the employer has obtained a court order authorizing the recording. Any video recording made in violation of this section cannot be used by the employer for any purpose.
If an employer violates Section 203-c, employees have a private right of action. In a civil lawsuit alleging a violation, the court may award damages and reasonable attorney's fees and costs to the employee who wins the case. The court may also grant injunctive relief to stop the employer from continuing the violation.
General Business Law Section 395-b: Fitting Rooms, Restrooms, and Hotel Guest Rooms
Outside the Penal Law, General Business Law Section 395-b governs viewing devices on business premises. It is an offense for the owner or manager of premises to knowingly permit a two-way mirror, peep hole, mechanical viewing device, camera, or any other instrument that can be used to observe a person surreptitiously to be installed or maintained for the purpose of secretly observing the interior of a fitting room, restroom, toilet, bathroom, washroom, shower, or any room assigned to guests or patrons in a motel, hotel, or inn.
Subdivision 2-a covers video recording devices in those same rooms, and a violation of that subdivision is a felony. Every other violation of the section is a violation punishable by up to fifteen days in jail, a fine of up to $300, or both, plus a civil penalty of up to $300. Each unlawfully installed or maintained device counts as a separate violation.
The section does not apply to correctional and custodial facilities, medical and treatment facilities, law enforcement facilities, or private dwellings. It also does not apply to a fitting room where the owner or manager has conspicuously posted written notice at the entrance stating that a two-way mirror or other viewing device has been installed to observe the interior of the room. In cities with a population of one million or more, which includes New York City, that notice must be posted in both English and Spanish.
Civil Rights Law Section 52-c: Electronic Monitoring Notice Requirement
New York Civil Rights Law Section 52-c, which took effect on May 7, 2022, requires all private employers in New York to notify employees if they are subject to electronic monitoring. This law covers monitoring of:
- Telephone conversations or transmissions
- Electronic mail or transmissions
- Internet access or usage
- Any electronic device or system including computers, telephones, wire, radio, electromagnetic, photoelectronic, or photo-optical systems
What employers must do:
- Provide written notice to all new employees upon hiring that their electronic communications and internet usage may be monitored
- Obtain written or electronic acknowledgment from new employees
- Post the notice in a conspicuous place readily available for viewing by all employees subject to monitoring
Penalties for violations:
- First offense: Up to $500 civil penalty
- Second offense: Up to $1,000 civil penalty
- Third and subsequent offenses: Up to $3,000 civil penalty per offense
The New York Attorney General has enforcement authority over this section.
Exemptions: The law does not apply to processes designed to manage the type or volume of incoming or outgoing electronic mail, telephone voicemail, or internet usage that are not targeted at monitoring a specific individual and are performed solely for computer system maintenance or protection.
Employer Best Practices
While New York law does not expressly require employers to notify employees about video surveillance cameras in general work areas (as opposed to electronic communications monitoring), employers should consider these practices:
- Post visible signs indicating that video surveillance is in use
- Include surveillance policies in employee handbooks
- Avoid cameras in break rooms and similar spaces where employees reasonably expect not to be watched, even though Article 250's narrower disrobing standard may not reach those rooms
- Avoid recording audio in the workplace without clear notice, given New York's eavesdropping laws
- Document the legitimate business purpose for each camera location
Hidden Cameras and Voyeurism Laws
Penal Law Section 250.45: Unlawful Surveillance in the Second Degree
New York's primary anti-voyeurism statute is Penal Law Section 250.45, which defines unlawful surveillance in the second degree. The statute has five separate branches. A person is guilty of the offense when:
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Subdivision 1 (amusement, entertainment, profit, or degradation). For the actor's own or another person's amusement, entertainment, or profit, or to degrade or abuse a person, the actor intentionally uses or installs, or permits the use or installation of, an imaging device to surreptitiously view, broadcast, or record a person dressing or undressing, or the sexual or other intimate parts of that person, at a place and time when that person has a reasonable expectation of privacy, without that person's knowledge or consent.
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Subdivision 2 (sexual arousal or gratification). The same conduct as subdivision 1, done for the actor's own or another person's sexual arousal or sexual gratification.
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Subdivision 3 (private rooms, no legitimate purpose). For no legitimate purpose, the actor intentionally uses or installs, or permits 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. Installing a device in one of those rooms creates a rebuttable presumption that it was done for no legitimate purpose.
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Subdivision 4 (recording under clothing). Without a person's knowledge or consent, the actor intentionally uses or installs, or permits the use or installation of, an imaging device to surreptitiously view, broadcast, or record, under the clothing that person is wearing, that person's sexual or other intimate parts.
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Subdivision 5 (sexual conduct, in an identifiable manner). For amusement, entertainment, profit, sexual arousal or gratification, or to degrade or abuse a person, the actor intentionally uses or installs, or permits the use or installation of, an imaging device to surreptitiously view, broadcast, or record a person in an identifiable manner (a) engaging in sexual conduct as defined in Penal Law Section 130.00(10), (b) in the same image with the sexual or intimate part of any other person, and (c) at a place and time when that person has a reasonable expectation of privacy, without that person's knowledge or consent. All three clauses must be satisfied, so recording alone is not enough.
Unlawful surveillance in the second degree is a Class E felony, punishable by up to four years in state prison.
How Article 250 Defines "Reasonable Expectation of Privacy"
The phrase carries a much narrower meaning here than it does in everyday speech. Penal Law Section 250.40 supplies the definitions that control sections 250.45, 250.50, 250.55, and 250.60, and it defines a "place and time when a person has a reasonable expectation of privacy" as a place and time when a reasonable person would believe that he or she could fully disrobe in privacy.
That disrobing standard is what the subdivisions above are measured against. A break room, a private office, or a living room is not automatically within Article 250 just because someone there expects a degree of privacy. Other law may still apply to those spaces, including Labor Law 203-c in the workplace and ordinary civil privacy claims, but the felony surveillance provisions turn on the narrower definition. Section 250.40 also defines "imaging device" and "sexual or other intimate parts," which are the other terms doing the work in Section 250.45.
Penal Law Section 250.50: Unlawful Surveillance in the First Degree
A person commits unlawful surveillance in the first degree when they commit unlawful surveillance in the second degree and have been previously convicted of unlawful surveillance in the first or second degree within the past ten years.
Unlawful surveillance in the first degree is a Class D felony, punishable by up to seven years in state prison.
Sex Offender Registration and Article 250
Registration under New York's Sex Offender Registration Act does not follow from every Article 250 conviction, and the distinctions matter. Correction Law Section 168-a lists unlawful surveillance in the first degree (Section 250.50) among the offenses that require registration.
For unlawful surveillance in the second degree, only a conviction under subdivision two, three, or four of Section 250.45, or an attempt to commit one of those, is listed. Even then, the statute allows the trial court, on the defendant's motion and having regard to the nature and circumstances of the crime and the defendant's history and character, to relieve the defendant of registration if it finds registration would be unduly harsh and inappropriate.
Convictions under subdivision one or subdivision five of Section 250.45, and convictions for dissemination under Section 250.55 or Section 250.60, do not appear on the Correction Law 168-a list.
Dissemination of Unlawful Surveillance Images
New York also criminalizes the distribution of images obtained through unlawful surveillance:
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Section 250.55 (Dissemination in the Second Degree): Intentionally sharing images you know were obtained through unlawful surveillance is a Class A misdemeanor, punishable by up to one year in jail.
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Section 250.60 (Dissemination in the First Degree): Selling or publishing unlawful surveillance images, or disseminating images you personally created through unlawful surveillance, is a Class E felony, punishable by up to four years in prison.
A felony conviction under Article 250 can also carry a fine of up to $5,000 under Penal Law Section 80.00. A Class A misdemeanor such as dissemination in the second degree carries a fine of up to $1,000 under Penal Law Section 80.05.
Exemptions Under Section 250.65
Penal Law Section 250.65 provides important exemptions to the unlawful surveillance statutes. The surveillance laws do not apply to:
- Law enforcement personnel engaged in authorized duties
- Security systems that are clearly posted and obviously visible
- Surveillance devices that are installed in a manner that makes them clearly and immediately obvious
Nanny Cam Laws in New York
Video-Only Nanny Cams Are Generally Legal
New York homeowners have the legal right to install hidden video cameras (nanny cams) in their own homes to monitor caregivers and household employees. Because New York law does not prohibit video recording in your own home (outside of private areas like bathrooms), a video-only nanny cam placed in a living room, kitchen, or playroom is legal.
However, there are important limitations:
- Never place cameras in bathrooms or any area where the caregiver would change clothes, as this violates Penal Law 250.45
- If you have a live-in employee, their private living quarters (bedroom, bathroom) must remain free of cameras
- The footage should be used only for monitoring purposes. Using or sharing nanny cam footage for entertainment, public embarrassment, or other improper purposes could create legal liability
Audio Recording on Nanny Cams
The audio recording question is where nanny cam law gets more complicated in New York. Because New York is a one-party consent state, audio recording is legal when at least one person in the conversation knows about and consents to the recording.
If you are home and aware that your nanny cam is recording audio, your consent as a party present in the home may satisfy the one-party requirement. However, if you leave the home and the camera continues to record audio conversations between your caregiver and your child (or between the caregiver and other people), no consenting party may be present.
The safest approach is to either:
- Disable audio recording on your nanny cam
- Inform your caregiver that audio and video recording occurs in common areas of the home
- Obtain written consent from your caregiver acknowledging the recording
Written Consent Is Recommended
While not strictly required by law for video-only recording, having your caregiver sign a written acknowledgment of camera use protects you legally. This document should state that surveillance cameras are present in common areas, whether audio recording is enabled, and that the footage will be used solely for home security and childcare monitoring purposes.
Neighbor Disputes Over Surveillance Cameras
Civil Rights Law Section 52-a: Backyard Camera Law
In 2017, Governor Andrew Cuomo signed legislation adding Section 52-a to the New York Civil Rights Law, creating a private right of action for unauthorized video imaging of residential premises.
Under this law, any owner or tenant of residential property may sue a person who:
- Installs or affixes a video imaging device on adjoining property
- Uses that device to videotape or take moving digital images of recreational activities in the plaintiff's backyard
- Does so without the written consent of the owner or tenant
- Acts with intent to harass, annoy, or alarm the person, or with intent to threaten the person or their property
This law was passed after a case where a family was subjected to constant camera surveillance while swimming and sunbathing in their own backyard by an adjoining neighbor who was a registered sex offender. Because existing New York law did not adequately address this situation, the legislature created this specific remedy.
Important limitations: The law requires proof of intent to harass, annoy, alarm, or threaten. A neighbor who claims their camera is for general security purposes and happens to capture part of your backyard may not meet this intent threshold. The law also does not apply to law enforcement personnel engaged in authorized duties.
General Rules for Outdoor Cameras
When placing cameras on your property that may capture views of neighboring properties:
- Public-facing areas are generally fair game. New York law does not prohibit recording areas visible from public spaces, including front yards, driveways, and sidewalks.
- Backyards may be protected. If your camera deliberately targets a neighbor's backyard activities, you could face a lawsuit under Civil Rights Law Section 52-a.
- Fenced or screened areas carry a stronger privacy expectation. Areas behind tall fences or privacy screens suggest the occupant expected not to be observed.
- Repeated or targeted surveillance could amount to harassment. Even if a single recording is lawful, a pattern of deliberate surveillance aimed at intimidating a neighbor could support a civil harassment or stalking claim.
NYC-Specific Surveillance Camera Rules
Multi-Unit Building Requirements
New York City has additional requirements for multi-unit residential buildings beyond what state law requires.
Under the Multiple Dwelling Law Section 50-a, Class A multiple dwellings (apartment buildings) constructed or converted after January 1, 1968, with eight or more units must have intercommunication systems at the main entrance. While this law focuses on intercoms rather than cameras, many building owners install cameras alongside these security systems.
Building owners and management companies may install security cameras in common areas including:
- Lobbies and entrance hallways
- Elevators
- Stairwells
- Laundry rooms
- Parking garages
- Exterior entrances and exits
Cameras are prohibited in areas where tenants have a reasonable expectation of privacy, including inside individual apartment units (without tenant consent), bathrooms, and similar private spaces.
Tenant Camera Rights in NYC
Tenants in New York City generally have the right to install security cameras inside their own apartments. Wireless or WiFi-enabled camera systems that do not require drilling or permanent installation are typically permitted unless the lease specifically prohibits them.
However, tenants should be aware of these restrictions:
- Cameras should not be pointed at neighboring apartments, hallways, or shared spaces in a way that invades others' privacy
- Lease agreements may contain specific provisions about camera installation
- Building rules set by co-op boards or condo associations may impose additional restrictions
- Audio recording in hallways or common areas could violate eavesdropping laws if done without the consent of those recorded
Landlord Obligations
If a landlord installs a surveillance system and collects footage, they are responsible for the security of that data. Landlords must ensure that only authorized individuals can access recorded footage and that recordings are stored securely.
New York City landlords cannot install cameras inside rented apartments without the tenant's knowledge and explicit permission. Doing so could violate both Penal Law Section 250.45 (unlawful surveillance) and constitute a breach of the tenant's right to quiet enjoyment of their home.
Penalties for Violating New York Surveillance Camera Laws
Criminal Penalties
| Offense | Classification | Maximum Prison Sentence |
|---|---|---|
| Eavesdropping (PL 250.05) | Class E Felony | Up to 4 years |
| Possession of Eavesdropping Devices (PL 250.10) | Class A Misdemeanor | Up to 1 year |
| Failure to Report Wiretapping (PL 250.15) | Class B Misdemeanor | Up to 3 months |
| Unlawful Surveillance, 2nd Degree (PL 250.45) | Class E Felony | Up to 4 years |
| Unlawful Surveillance, 1st Degree (PL 250.50) | Class D Felony | Up to 7 years |
| Dissemination of Unlawful Image, 2nd Degree (PL 250.55) | Class A Misdemeanor | Up to 1 year |
| Dissemination of Unlawful Image, 1st Degree (PL 250.60) | Class E Felony | Up to 4 years |
Civil Penalties
In addition to criminal prosecution, violations of New York surveillance laws can result in civil liability:
- Labor Law 203-c violations: Employees may sue for damages, attorney's fees, costs, and injunctive relief
- Civil Rights Law 52-a violations (backyard surveillance): Property owners may sue for damages
- Civil Rights Law 52-c violations (employer monitoring notice): The Attorney General may seek a civil penalty of up to $500 for a first offense, up to $1,000 for a second offense, and up to $3,000 for a third and each subsequent offense
- General civil claims: Victims of unlawful surveillance may bring lawsuits for invasion of privacy, intentional infliction of emotional distress, or harassment
Evidence Implications
CPLR Section 4506 makes the contents of an overheard or recorded communication, conversation, or discussion, and any evidence derived from it, inadmissible in a New York trial, hearing, or proceeding when the material was obtained by conduct constituting the crime of eavesdropping as defined in Penal Law Section 250.05.
That exclusionary rule is narrower than it is often described. It reaches audio and communications evidence obtained by eavesdropping. It does not name Section 250.45, and it does not reach video captured by unlawful surveillance, so there is no blanket statutory bar on evidence obtained in violation of Article 250 as a whole. Video obtained unlawfully may still be challenged on other grounds, and it can expose the person who recorded it to criminal and civil liability regardless of whether a court admits it.
Frequently Asked Questions
Can I install security cameras outside my house in New York?
Yes. New York homeowners can install exterior security cameras on their own property. You can record your front yard, driveway, porch, and other areas visible from public spaces. However, you should avoid deliberately pointing cameras at a neighbor's private backyard areas, as this could lead to a civil lawsuit under Civil Rights Law Section 52-a if done with intent to harass or annoy.
Do I need to post signs about my security cameras in New York?
New York state law does not require homeowners to post signs about residential security cameras. However, posting visible signs can help deter crime and may strengthen your legal position by showing that people on your property were on notice that recording was taking place. For businesses, posting signs about surveillance is strongly recommended to avoid potential privacy claims.
Can my employer watch me on camera at work in New York?
Your employer can use video surveillance cameras in general work areas such as sales floors, warehouses, and common spaces. However, employers are prohibited from placing cameras in restrooms, locker rooms, and changing areas under Labor Law 203-c. If your employer monitors your electronic communications (email, internet, phone), they must provide you with written notice under Civil Rights Law 52-c, which took effect in May 2022.
Are hidden cameras illegal in New York?
Hidden cameras are not automatically illegal in New York. They become illegal when placed in locations where people have a reasonable expectation of privacy, such as bathrooms, bedrooms, or changing areas. Using a hidden camera to record someone undressing or to view intimate body parts without consent is unlawful surveillance under Penal Law 250.45, a Class E felony punishable by up to four years in prison.
Can I record audio on my security cameras in New York?
New York is a one-party consent state, which means you can record audio as long as at least one person in the conversation consents to the recording. If you are present during the conversation, your consent is sufficient. However, setting up a device to record conversations when no consenting party is present could constitute eavesdropping under Penal Law 250.05, which is a Class E felony.
Sources and References
- New York Penal Law Section 250.00 - Eavesdropping Definitions - NY State Senate
- New York Penal Law Section 250.05 - Eavesdropping - NY State Senate
- New York Penal Law Section 250.45 - Unlawful Surveillance in the Second Degree - NY State Senate
- New York Penal Law Section 250.50 - Unlawful Surveillance in the First Degree - NY State Senate (referenced via Article 250)
- New York Penal Law Section 250.55 - Dissemination of Unlawful Surveillance Image, Second Degree - NY State Senate
- New York Penal Law Section 250.60 - Dissemination of Unlawful Surveillance Image, First Degree - NY State Senate
- New York Labor Law Section 203-c - Employee Privacy Protection - NY State Senate
- New York Civil Rights Law Section 52-c - Electronic Monitoring Notice - NY State Senate
- New York Civil Rights Law Section 52-a - Private Right of Action for Unwarranted Video Imaging - NY State Senate
- New York Multiple Dwelling Law - NY State Senate
- New York Penal Law Section 250.40 - Unlawful Surveillance Definitions - NY State Senate
- New York Penal Law Section 250.65 - Additional Provisions and Exemptions - NY State Senate
- New York General Business Law Section 395-b - Unlawfully Installing or Maintaining a Two-Way Mirror or Other Viewing Device - NY State Senate
- New York CPLR Section 4506 - Eavesdropping Evidence; Admissibility - NY State Senate
- New York Correction Law Section 168-a - Sex Offender Registration Act Definitions - NY State Senate
Related New York Camera and Privacy Laws
- New York Recording Laws covers the consent rule that governs camera audio in New York.
- New York Security Camera Recording Rules explains the recording-law side of camera use.
- New York Biometric Privacy Laws addresses facial recognition and biometric data.
- New York Ring Doorbell Laws covers video doorbell rules in New York.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
Updates
Corrected the scope of the CPLR 4506 evidence rule and of sex offender registration under Correction Law 168-a, restated Penal Law 250.45 to match all five statutory subdivisions, fixed the Civil Rights Law 52-c penalty figures to the statutory maximums, and added General Business Law 395-b and the Penal Law 250.40 privacy definition.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Penal Law
§ 250.45Unlawful surveillance in the second degreeIn forcecited in 18 of our articles
Unlawful surveillance in the second degree. A person is guilty of unlawful surveillance in the second degree when: 1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record 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; or 2. For his or her own, or another person's sexual arousal or sexual gratification, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record 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; or 3.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 51 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):People v. Piznarski (2013) held Penal Law 250.45 reaches a participant who secretly records consensual sex, that the victim kept a reasonable expectation of privacy, and that the one-party consent rule for eavesdropping does not apply. People v. Evans (2006) applied section 250.45(3) to a camera hidden in a bedroom.
Opinions citing this section in our collection:
- People v. Evans (Appellate Division of the Supreme Court of the State of New York 2006, 27 A.D.3d 905)✓A man placed a video camera in his girlfriend's 12-year-old daughter's bedroom and recorded her undressing, then pleaded guilty under Section 250.45(3); the court affirmed, holding the plea needed no express admission of no legitimate purpose given the statutory presumption.
- People v. Lema (Appellate Division of the Supreme Court of the State of New York 2017, 152 A.D.3d 440)✓A man used a phone camera to record under women's skirts on a subway train, but dark lighting produced no image of intimate parts; the court affirmed, holding Section 250.45(4) is satisfied when a device is used for the purpose of making such a recording.
- People v. Piznarski (Appellate Division of the Supreme Court of the State of New York 2013, 113 A.D.3d 166)✓A student secretly recorded sex with two women using a camera left in view on his bedroom desk; the court affirmed under Section 250.45, holding the statute reaches a participant who records a consensual encounter and that a visible camera can still be used surreptitiously.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Dashcam Laws: Legality, Mounting Rules, and Evidence Use, New York Landlord-Tenant Recording Laws: Rights for Renters and Property Owners, New York Medical Recording Laws: Patient Rights and Healthcare Privacy
§ 250.50Unlawful surveillance in the first degreeIn forcecited in 6 of our articles
Unlawful surveillance in the first degree. A person is guilty of unlawful surveillance in the first degree when he or she commits the crime of unlawful surveillance in the second degree and has been previously convicted within the past ten years of unlawful surveillance in the first or second degree. Unlawful surveillance in the first degree is a class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- People v. Diaz (New York Court of Appeals 2018, 32 N.Y.3d 538)“…stration for first-degree unlawful surveillance pursuant to Penal Law § 250.50]). Thus, SORA's overall purpose of "pro…”
- People v. Williams (Appellate Division of the Supreme Court of the State of New York 2005, 20 A.D.3d 72)“…into the statutory definition of criminal assistance under Penal Law § 250.50 (4). We also think a proper distincti…”
- People v. Morriale (Criminal Court of the City of New York 2008, 20 Misc. 3d 558)“…of the crime of unlawful surveillance in the first degree, Penal Law § 250.50 cannot serve as a predicate for the one…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Video Recording Laws: Surveillance Rules and Privacy Limits, New York Voyeurism and Hidden Camera Laws: Penalties and Protections, Is It Illegal to Video Record Someone Without Their Consent? (2026)
§ 250.55Dissemination of an unlawful surveillance image in the second degreeIn forcecited in 3 of our articles
Dissemination of an unlawful surveillance image in the second degree. A person is guilty of dissemination of an unlawful surveillance image in the second degree when he or she, with knowledge of the unlawful conduct by which an image or images of the sexual or other intimate parts of another person or persons were obtained and such unlawful conduct would satisfy the essential elements of the crime of unlawful surveillance in the first or second degree, as defined, respectively, in section 250.50 or 250.45 of this article, intentionally disseminates such image or images. Dissemination of an unlawful surveillance image in the second degree is a class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- People v. Morriale (Criminal Court of the City of New York 2008, 20 Misc. 3d 558)“…ul surveillance image in the second degree, in violation of Penal Law § 250.55. This statute was enacted in 2003 as pa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 250.60Dissemination of an unlawful surveillance image in the first degreeIn forcecited in 2 of our articles
Dissemination of an unlawful surveillance image in the first degree. A person is guilty of dissemination of an unlawful surveillance image in the first degree when: 1. He or she, with knowledge of the unlawful conduct by which an image or images of the sexual or other intimate parts of another person or persons were obtained and such unlawful conduct would satisfy the essential elements of the crime of unlawful surveillance in the first or second degree, as defined, respectively, in section 250.50 or 250.45 of this article, sells or publishes such image or images; or 2. Having created a surveillance image in violation of section 250.45 or 250.50 of this article, or in violation of the law in any other jurisdiction which includes all of the essential elements of either such crime, or having acted as an accomplice to such crime, or acting as an agent to the person who committed such crime, he or she intentionally disseminates such unlawfully created image; or 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 250.05EavesdroppingIn forcecited in 14 of our articles
Eavesdropping. A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication. Eavesdropping is a class E felony.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 39 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):New York courts recognize a vicarious consent exception to the eavesdropping offense. The Appellate Term adopted it in People v. Clark (2008). The Court of Appeals then held in People v. Badalamenti (2016) that consent covers a parent with a good faith, objectively reasonable belief that recording serves the child's best interests.
Opinions citing this section in our collection:
- The People v. Anthony Badalamenti (New York Court of Appeals 2016, 27 N.Y.3d 423)✓A father's call to the mother's phone connected with no one speaking, and he recorded her boyfriend threatening to beat his five year old son; the court held that consent under Penal Law 250.05 includes a parent's vicarious consent, so the recording was admissible.
- People v. Badalamenti (Appellate Division of the Supreme Court of the State of New York 2015, 124 A.D.3d 672)✓Reviewing the same recording of a boyfriend threatening the father's young son, the Appellate Division adopted a vicarious consent exemption to Penal Law 250.05 where a parent has a good faith, objectively reasonable basis to believe recording serves the child's welfare.
- People v. Clark (Appellate Terms of the Supreme Court of New York 2008, 19 Misc. 3d 6)✓A mother slipped an audio recorder into the backpack of her nonverbal autistic eight year old before he boarded the school bus, capturing his bus matron; the Appellate Term held she could vicariously consent for him, so the recording did not violate Penal Law 250.05.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Audio Recording Laws: One-Party Consent Rules and Penalties, New York Smart Glasses Recording Laws 2026, New York AI Meeting Recording Laws (2026)
§ 250.00Eavesdropping; definitions of termsIn forcecited in 19 of our articles
Eavesdropping; definitions of terms. The following definitions are applicable to this article: 1. "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment. The normal operation of a telephone or telegraph corporation and the normal use of the services and facilities furnished by such corporation pursuant to its tariffs or necessary to protect the rights or property of said corporation shall not be deemed "wiretapping." 2. "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 56 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- People v. Fata (New York County Courts 1988, 139 Misc. 2d 979)“…Fata had a justifiable expectation of privacy; and (c) that Penal Law § 250.00 et seq. prohibit the mechanical overh…”
- The People v. Anthony Badalamenti (New York Court of Appeals 2016, 27 N.Y.3d 423)“…t of “mechanical overhearing of a conversation” pursuant to Penal Law § 250.00 (2), includes vicarious consent, on beh…”
- Gurevich v. Gurevich (New York Supreme Court 2009, 24 Misc. 3d 808)“…11 ing” as they relate to Penal Law § 250.05 are defined in Penal Law § 250.00 (6) as: “the intentional acquiring, r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Phone Call Recording Laws: Consent Rules for Landline, Cell, and VoIP, New York Laws on Recording Police: Your Rights and Limits, New York Laws on Recording in Public: Rights, Limits, and Privacy Rules
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Sources and References
- New York Penal Law Section 250.00 - Eavesdropping Definitions(nysenate.gov).gov
- New York Penal Law Section 250.05 - Eavesdropping(nysenate.gov).gov
- New York Penal Law Section 250.45 - Unlawful Surveillance Second Degree(nysenate.gov).gov
- New York Penal Law Section 250.50 - Unlawful Surveillance First Degree(nysenate.gov).gov
- New York Penal Law Section 250.55 - Dissemination Second Degree(nysenate.gov).gov
- New York Penal Law Section 250.60 - Dissemination First Degree(nysenate.gov).gov
- New York Labor Law Section 203-c - Employee Privacy Protection(nysenate.gov).gov
- New York Civil Rights Law Section 52-c - Electronic Monitoring Notice(nysenate.gov).gov
- Senate Bill S870A - Backyard Surveillance Private Right of Action(nysenate.gov).gov
- New York Multiple Dwelling Law(nysenate.gov).gov
- New York Penal Law Section 250.40 - Unlawful Surveillance Definitions(nysenate.gov)
- New York Penal Law Section 250.65 - Additional Provisions and Exemptions(nysenate.gov)
- New York General Business Law Section 395-b - Unlawfully Installing or Maintaining a Two-Way Mirror or Other Viewing Device(nysenate.gov)
- New York CPLR Section 4506 - Eavesdropping Evidence; Admissibility(nysenate.gov)
- New York Correction Law Section 168-a - Sex Offender Registration Act Definitions(nysenate.gov)