2023 New York Laws › CVR - Civil Rights › Article 7 - Miscellaneous Rights and Immunities › 79-P - Recording Certain Activities.

* §  79-p.  Recording certain activities. 1. Definitions. For purposes
of this section, the following terms shall have the following meanings:
(a) "Officer"  means  any  peace  officer,  police  officer,  security
officer,  security  guard  or  similar  official who is engaged in a law
enforcement activity;
(b) "Law enforcement activity" means any activity by an officer acting
under the color of law; and
(c) "Record" means to capture or attempt  to  capture  any  moving  or
still  image,  sound,  or  impression  through  the use of any recording
device, camera, or any other device capable of capturing  audio,  moving
or still images, or by way of written notes or observations.
2.  Right  to  record law enforcement related activities. A person not
under arrest or in the custody of a law  enforcement  official  has  the
right  to  record  law  enforcement activity and to maintain custody and
control of that recording and of any property  or  instruments  used  by
that  person  to  record  law enforcement activities, provided, however,
that a person in custody or under arrest does not, by that status alone,
forfeit the right to have any such recordings,  property  and  equipment
maintained and returned to him or her. Nothing in this subdivision shall
be  construed  to  permit  a person to engage in actions that physically
interfere with law enforcement activity or otherwise constitute a  crime
defined   in   the   penal   law   involving   obstructing  governmental
administration.
3. Private right of action. (a) A claim of unlawful interference  with
recording  a  law enforcement activity is established under this section
when a person demonstrates that he or  she  exercised  or  attempted  to
exercise  the  right  established  in subdivision two of this section to
record a law enforcement activity and an officer acted to interfere with
that person's recording of a law enforcement activity, including but not
limited to, by:
(i) intentionally preventing or attempting to prevent that person from
recording law enforcement activity;
(ii) threatening that person for recording a law enforcement activity;
(iii) commanding that  the  person  cease  recording  law  enforcement
activity  when  the  person  was  nevertheless  authorized  under law to
record;
(iv) stopping, seizing, searching, ticketing or arresting that  person
because that person recorded a law enforcement activity; or
(v)  unlawfully seizing property or instruments used by that person to
record a law enforcement activity, unlawfully destroying, or  seizing  a
recorded  image  or  recorded  images  of a law enforcement activity, or
copying such a recording of a law enforcement activity  without  consent
of the person who recorded it or approval from an appropriate court.
(b)  It  shall  be  an  affirmative  defense  to  a civil action under
subparagraphs (i), (iii) and (iv) of paragraph (a) of  this  subdivision
that  at  the  time  of  such  conduct  by  an officer, such officer had
probable cause to arrest the person recording  such  a  law  enforcement
activity  for  a  crime  defined  in the penal law involving obstructing
governmental administration.
(c) A person subject  to  unlawful  interference  with  recording  law
enforcement activities as described in paragraph (a) of this subdivision
may  bring  an  action for any violation of this section in any court of
competent jurisdiction for  damages,  including  punitive  damages,  for
declaratory  and injunctive relief, and such other remedies as the court
may deem appropriate.
(d) In any action or proceeding brought pursuant to this section,  the
court  may  allow  a prevailing plaintiff reasonable attorney's fees and
expert fees as a part of the costs which may be recovered.
(e) Any action or proceeding brought pursuant to this section shall be
commenced no later  than  three  years  after  the  date  on  which  the
violation of this section is committed.
4.  Preservation  of  rights. This section shall be in addition to all
rights, procedures, and  remedies  available  under  the  United  States
Constitution, 42 USC 1983, the constitution of the state of New York and
all  other  federal  law,  state law, law of the city of New York or the
administrative code of the  city  of  New  York,  and  all  other  civil
remedies,  including  monetary  damages,  created by statute, ordinance,
regulation or common law.
* NB There are 2 § 79-p's