What is Dissemination of an Unlawful Surveillance Image in the First Degree in NYC?
Dissemination of an Unlawful Surveillance Image in the First Degree, Penal Law Section 250.60, is a class E felony in New York. The maximum punishment for a conviction of the crime, if a person does not have a prior felony on their record is 1 1/3 to 4 years in prison for a first felony conviction. Sex Offender Registration under the Sex Offenders Registration Act or SORA is not required for a conviction.
Dissemination of an Unlawful Surveillance Image in the First Degree involves 3 types of charges if a person: sells or publishes an Unlawful Surveillance Image, creates an Unlawful Surveillance Image and Disseminates the image or if a person is accused of Dissemination of an Unlawful Surveillance Image and has a previous conviction within the past 10 years.
Retaining a New York Unlawful Surveillance attorney early on is crucial in achieving a favorable outcome. Contact us today to discuss your case.
Dissemination of an Unlawful Surveillance Image in the First Degree is charged when a person:
- With knowledge of the unlawful conduct by which an image or images of the Sexual or Other Intimate Parts of another person or persons were obtained and such unlawful conduct would constitute Unlawful Surveillance in the First or Second Degree, Sells or Publishes such image or images;
- Having created a surveillance image in violation of Unlawful Surveillance in the First or Second Degree, or in violation of a similar law in any other state, or having acted as an accomplice to such crime, or acting as an agent to the person who committed such crime, he or she intentionally Disseminates such unlawfully created image; or
- Commits the crime of Dissemination of an Unlawful Surveillance Image in the Second Degree and has been previously convicted within the past 10 years of Dissemination of an Unlawful Surveillance Image in the First or Second Degree
What Does “Sells or Publishes of a Surveillance Image” Mean in New York?
Like the term Dismantle, the words Publish and Sell are defined for Dissemination of an Unlawful Surveillance Image charges. First, under Penal Law Section 250.40(6), Publish means:
- To disseminate with the intent that such image or images be disseminated to 10 or more people;
- Disseminate with the intent that such images be sold by another person;
- Post, present, display, exhibit, circulate, advertise or allows access, electronically or otherwise, so as to make an image or images available to the public disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible, electronically or otherwise and to make such image or images available to the public; or
- Disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible, electronically or otherwise and to make such image or images available to the public
Thus, Publish has a wide definition. In addition, to sending the image in question to at least 10 or more people, the common use of the term involves publicly posting an image, whether on social media or uploading it to a website.
Sell, defined in Penal Law Section 250.40(7) means to Disseminate or Publish in exchange for something of value.
Sentencing for Dissemination of an Unlawful Surveillance Image in the First Degree
Dissemination of an Unlawful Surveillance Image in the First Degree is a class E felony in New York. The maximum sentence jail sentence is 1 1/3 to 4 years and the minimum is 1 to 3 years if without a prior felony conviction. The sentence is for a person who has a second conviction within the past 10 years is longer. Prison is not required for a first felony conviction of Dissemination of an Unlawful Surveillance Image in the First Degree. Equally important is that registration as a Sex Offender under SORA does not apply. Depending on the history of the person charged and the nature of the allegations the range of other sentences following a conviction include: 1 year in jail, up to 6 months in jail and a split sentence of 6 months in jail and 3 years of a conditional discharge or 3, 4 or 5 years of probation, a straight 3-year conditional discharge and up to 5 years on probation.
Speak With an Unlawful Surveillance Lawyer in NYC Today
If you or a loved one is charged with an Unlawful Surveillance crime in New York City, we’re here to help.
Contact The Law Firm of Andrew M. Stengel
Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Initial consultations are free and confidential, and you will speak with Andrew M. Stengel directly.
Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and the surrounding counties.
