§ 250.40 Unlawful surveillance; definitions.
The following definitions shall apply to sections 250.45, 250.50,
250.55 and 250.60 of this article:
1. “Place and time when a person has a reasonable expectation of
privacy” means a place and time when a reasonable person would believe
that he or she could fully disrobe in privacy.
2. “Imaging device” means any mechanical, digital or electronic
viewing device, camera, cellular phone or any other instrument capable
of recording, storing or transmitting visual images that can be utilized
to observe a person.
3. “Sexual or other intimate parts” means the human male or female
genitals, pubic area or buttocks, or the female breast below the top of
the nipple, and shall include such part or parts which are covered only
by an undergarment.
4. “Broadcast” means electronically transmitting a visual image with
the intent that it be viewed by a person.
5. “Disseminate” means to give, provide, lend, deliver, mail, send,
forward, transfer or transmit, electronically or otherwise to another
person.
6. “Publish” means to (a) disseminate, as defined in subdivision five
of this section, with the intent that such image or images be
disseminated to ten or more persons; or (b) disseminate with the intent
that such images be sold by another person; or (c) post, present,
display, exhibit, circulate, advertise or allows access, electronically
or otherwise, so as to make an image or images available to the public;
or (d) 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.
7. “Sell” means to disseminate to another person, as defined in
subdivision five of this section, or to publish, as defined in
subdivision six of this section, in exchange for something of value.
