NY Gen Bus L § 395-B (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 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 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.