2023 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.