§ 395-B — Unlawfully installing or maintaining a two-way mirror or other viewing device

§ 395-b. Unlawfully installing or maintaining a two-way mirror or\nother viewing device. 1. As used in this section, the phrase "two-way\nmirror or other viewing device" shall mean a mirror, peep hole,\nmechanical viewing device, camera or any other instrument or method that\ncan be utilized to surreptitiously observe a person.\n 2. A person is guilty of unlawfully installing or maintaining a\ntwo-way mirror or other viewing device when, being the owner or manager\nof any premises, he knowingly permits or allows such a device to be\ninstalled or maintained in or upon such premises, for the purpose of\nsurreptitiously observing the interior of any fitting room, restroom,\ntoilet, bathroom, washroom, shower, or any room assigned to guests or\npatrons in a motel, hotel or inn.\n 2-a. A person is guilty of unlawfully installing or maintaining a\nvideo recording device when, being the owner or manager of any premises,\nhe knowingly permits or allows such a device to be installed or\nmaintained in or upon such premises, for purpose of surreptitiously\nrecording a visual image of the interior of any fitting room, restroom,\ntoilet, bathroom, washroom, shower, or any other room assigned to guests\nor patrons in a motel, hotel or inn.\n 3. a. The provisions of this section shall not apply with respect to\npremises which comprise, or are a part of any\n (i) public correctional or custodial facility, or public or private\nmedical facility which is used for the treatment of persons pursuant to\nmedical directive, or\n (ii) public or private treatment facility which is used for the\ntreatment of persons who are committed or are voluntarily confined to\nsuch facility or are voluntarily receiving treatment thereat, or\n (iii) facility operated by any federal, state or local law enforcement\nagency, or\n (iv) private dwelling.\n b. The provisions of this section shall further not apply with respect\nto any fitting room, otherwise subject to the provisions of this\nsection, wherein the person who is the owner or manager of such premises\nhas caused written notice to be conspicuously posted at the entrance to\nthe fitting room stating that a two-way mirror or other viewing device\nhas been installed for the purpose of observing the interior of such\nroom. In cities with a population of one million or more, the written\nnotice shall be in both English and Spanish.\n 4. Whenever there shall be a violation of this section, an application\nmay also be made by the attorney general in the name of the people of\nthe state of New York or by the corporation counsel for any city or by\nthe appropriate attorney of any other political subdivision as shall be\ndesignated by the governing body of such political subdivision to a\ncourt or justice having jurisdiction to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violation; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this section, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In connection with any such proposed application, the attorney\ngeneral, corporation counsel or other appropriate attorney, as the case\nmay be, is authorized to take proof and make a determination of the\nrelevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n 5. A violation of the provisions of this section shall constitute a\nviolation, and upon conviction thereof shall be punishable by a term of\nimprisonment not to exceed fifteen days, or by a fine of not more than\nthree hundred dollars, or by both such fine and imprisonment, except\nthat a violation of subdivision two-a of this section shall constitute a\nfelony. In addition, a violation of the provisions of this section\nshall be punishable by a civil penalty of not more than three hundred\ndollars recoverable in an action by the attorney general in the name of\nthe people of the state or by the corporation counsel for any city or by\nthe appropriate attorney of any other political subdivision as shall be\ndesignated by the governing body of such political subdivision. Each\nunlawfully installed or maintained mirror or viewing or recording device\nshall constitute a separate and distinct violation.\n