What is Dissemination of an Unlawful Surveillance Image in the Second Degree in NYC?
In New York, the only Unlawful Surveillance charge that is not a felony is Dissemination of an Unlawful Surveillance Image in the Second Degree. The crime is classified as a class A misdemeanor. Registration as a Sex Offender is not required for a conviction of the crime.
Dissemination of an Unlawful Surveillance Image in the Second Degree involves an allegation that a person sent or transferred an image when he or she knew that the image was captured in a way that would constitute the crime of Unlawful Surveillance in the Second Degree.
In most cases, that means that the image in question allegedly contained a recording of a person’s Sexual or Other Intimate Parts and the person did not consent to be recorded. In many cases, if a person is charged with Dissemination of an Unlawful Surveillance Image in the Second Degree, then he or she will also be charged with Unlawful Surveillance in the Second Degree.
Dissemination of an Unlawful Surveillance Image in the Second 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 satisfy the essential elements of the crime of Unlawful Surveillance in the First or Second Degree, intentionally disseminates such image or images.
Retaining an experienced Unlawful Surveillance lawyer in NYC early on is crucial in achieving a favorable outcome. Contact us today to discuss your case.
In New York, What Does “Dissemination of a Surveillance Image” Mean?
Under Dissemination of an Unlawful Surveillance Image charges, Dissemination is given a broad definition. Under Penal Law Section 250.50(5), Disseminate means “to give, provide, lend, deliver, mail, send, forward, transfer or transmit, electronically or otherwise to another person.”
That means that a single text message or direct message on social media would satisfy the definition of Disseminate. The term also includes transfer or transmit, which would cover an allegation that a person uploaded an offending image to a website.
However, the allegation of the mere Dissemination of a Sexual Image of a person that was taken without his or her consent should not be enough for Dissemination of an Unlawful Surveillance Image charges. There must be an additional allegation that a person knew that the image was taken or captured in a way that could result in Unlawful Surveillance charges, which usually means a Sexual Image that was taken or captured without a person’s consent.
Dissemination of an Unlawful Surveillance Image in the Sentencing
In New York Dissemination of an Unlawful Surveillance Image in the Second Degree is a class A misdemeanor with a maximum sentence of 1 year in jail. If a person does not have a criminal history, an experienced defense attorney can often obtain a plea bargain to a misdemeanor to a non-criminal outcome or a complete dismissal, if there are no other associated charges.
The nature of Unlawful Surveillance Image charges makes a plea bargain a challenge, but it is not an impossibility. Two common outcomes to Dissemination of an Unlawful Surveillance Image in the Second Degree charges are a plea bargain to a violation or an Adjournment in Contemplation of Dismissal.
A plea bargain to a violation involves either Disorderly Conduct, Penal Law Section 240.20, or Harassment in the Second Degree, Penal Law Section 240.26. A conviction to a violation is not considered a criminal conviction and does not result in a person having a criminal record.
If a defense attorney is able to obtain an Adjournment or Contemplation of Dismissal or ACD, then the case will be dismissed and sealed in either 6 months or 1 year, depending on the nature of the relationship, if any, between the person charged and the complaining witness.
Speak With an Unlawful Surveillance Attorney in NYC Today
If you or a loved one is charged with Unlawful Surveillance 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.
