In 1999, I saw a 20/20 spot that described unlawful video surveillance or video voyeurism. Video peeping toms are out there. Their goal is to video-tape you, without your consent or knowledge, for their perverted pleasure. All across the state terrible examples keep surfacing.

For example, in upstate New York, a man was sneaking into an elementary school dressed as a woman to plant a video camera to tape young girls changing clothes. He made three trips into the locker room to get tapes before police caught the man. In Westchester County, an owner of a karate school had a video monitor set up in his office displaying the interior of the ladies locker room. In New York City, a number of men were in the Metropolitan Museum of Art, under a staircase, video-taping up women's skirts as they walked above. In Garden City, a former music teacher was caught shooting videos of high school cheerleaders from across Long Island and posting intimate close-ups of the girls on a pay-per-view website. In November of 2001, a man was arrested in Bay Shore for allegedly video-taping a female tenant in her bedroom. Upon investigation, the police found a small video camera hidden in a smoke detector. A member of the Third Squad Detectives was quoted as saying, "I don't think he will get any time for this, he could be charged with tampering with a smoke detector."

Currently, there are no laws to punish these acts of secretly observing individuals where they expect and deserve privacy. This lack of protection applies in situations where devices are set up in another's home, or in their own home. It also applies to instances of taping in locker rooms, or taking "upskirt" shots. Minor charges may be brought, but none to specifically address this egregious behavior. Being secretly observed is bad enough. Add to that the heinous invasion of privacy and the accompanying humiliation, which occurs when one is observed during their most private moments, and there is a glaring need for the protection and justice that this bill provides. For the past three years, I have sponsored and passed legislation that would put these video peeping toms behind bars. My bill would still allow individuals to utilize home security systems, and even set up secret cameras to record suspected abusive behavior in the home. My law would be successful in criminalizing specifically the behavior we all want stopped and prosecuted.

We need to protect individuals from having their privacy invaded by a video surveillance device. Specifically, the legislation creates the crime of "Unlawful Video Surveillance" punishable as a Class E felony. A person is guilty if they use, help, install, or allow the use, setup, or installation of a video surveillance device that makes recordings or observations without consent. They are also guilty if they disseminate such recordings on the Internet, by mail, or any other way.

The bottom line is there are perverted individuals out there that see secret video surveillance as a form of high-tech hunting. My legislation protects the privacy of unknowing victims caught on tape and will provide law enforcement with a tool to convict these disturbed criminals. I look forward to this legislation becoming law in New York State.

If you are in support of this bill, let me know by contacting me at: 250 Townsend Square, Oyster Bay, NY 11771, 516-922-1811; in Suffolk County at 251 Main Street, Huntington, NY 11743, 631-549-0729 or e-mail me at, marcelli@senate.state.ny.us. I want to hear from you.