New York § 395-B - 395-BUnlawfully installing or maintaining a two-way mirror or other viewing device

§ 395-B. 395-BUnlawfully 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.