§  250.45 Unlawful surveillance in the second degree.
 A person is guilty of unlawful surveillance in the second degree when:
 1. For his or her own, or another person's  amusement,  entertainment,
or  profit,  or  for the purpose of degrading or abusing a person, he or
she intentionally uses  or  installs,  or  permits  the  utilization  or
installation  of an imaging device to surreptitiously view, broadcast or
record a person dressing or undressing or the sexual or  other  intimate
parts  of such person at a place and time when such person has a reason-
able expectation of privacy, without such person's knowledge or consent; 
or
 2. For his or her own, or another person's sexual  arousal  or  sexual
gratification,  he or she intentionally uses or installs, or permits the
utilization or installation of  an  imaging  device  to  surreptitiously
view,  broadcast or record a person dressing or undressing or the sexual
or other intimate parts of such person at a place  and  time  when  such
person  has  a  reasonable expectation of privacy, without such person's
knowledge or consent; or
 3. (a) For no legitimate purpose, he  or  she  intentionally  uses  or
installs,  or  permits  the  utilization  or  installation of an imaging
device to surreptitiously view,  broadcast  or  record  a  person  in  a
bedroom,  changing room, fitting room, restroom, toilet, bathroom, wash-
room, shower or any room assigned to guests or patrons in a motel, hotel
or inn, without such person's knowledge or consent.
 (b) For the purposes of  this  subdivision,  when  a  person  uses  or
installs,  or  permits  the  utilization  or  installation of an imaging
device in a bedroom, changing  room,  fitting  room,  restroom,  toilet,
bathroom,  washroom, shower or any room assigned to guests or patrons in
a hotel, motel or inn, there  is  a  rebuttable  presumption  that  such
person did so for no legitimate purpose; or
 4.  Without  the  knowledge  or  consent of a person, he or she inten-
tionally uses or installs, or permits the utilization or installation of
an imaging device to surreptitiously view, broadcast  or  record,  under
the  clothing  being  worn  by such person, the sexual or other intimate
parts of such person; or
  5.  For  his  or  her  own,   or   another   individual's   amusement,
entertainment,  profit,  sexual  arousal  or  gratification,  or for the
purpose of degrading or abusing a person, the actor  intentionally  uses
or  installs  or  permits  the utilization or installation of an imaging
device to surreptitiously view, broadcast, or record such person  in  an
identifiable manner:
  (a)  engaging  in  sexual  conduct,  as  defined in subdivision ten of
section 130.00 of this part;
  (b) in the same image with the sexual or intimate part  of  any  other
person; and
  (c)  at a place and time when such person has a reasonable expectation
of privacy, without such person's knowledge or consent.