Assembly Minority Leader Charles H. Nesbitt today joined Governor Pataki and several women victimized by the prying eyes of hidden video cameras to announce a three-way agreement that will make it a crime in New York State to secretly videotape the private moments of others.

"Closing the video voyeurism loophole has been a top Assembly Minority priority," said Leader Nesbitt (R,C-Albion). "Thanks to Governor Pataki's leadership, New York State law will now reflect advances in video technology and punish those who would use them to violate unsuspecting victims."

The agreement marks the culmination of negotiations to iron out the differences between bills passed by each house of the Legislature earlier this year. The finalized bill establishes the new offenses of unlawful surveillance, a Class D felony punishable by up to seven years in prison; and dissemination of an unlawful surveillance, a Class E felony punishable by up to four years. It also requires that convicted video voyeurs be listed on New York's Megan's Law Sex Offender Registry.

The new legislation was necessary because state laws had not kept pace with technological advances, leaving a loophole which made it illegal to make surreptitious audio tapes, but perfectly legal to videotape others without their knowledge.

Several cases in recent years called attention to the oversight. They include a 2000 incident in upstate Newark, in which two young girls were videotaped by their Kindergarten teacher as they changed clothes; and the story of Stephanie Fuller, a Long Island woman whose landlord had secreted a tiny camera in the smoke detector above her bed. In each case, the loophole left prosecutors with no other recourse than to let the perpetrators off with little more than a slap on the wrist.

"More than anything, this is a victory for the victims," said Assemblyman Robert C. Oaks (R,C-Macedon), longtime sponsor of Assembly video voyeurism legislation. "It began with two mothers from Newark whose daughters had been violated by their teacher. They were soon joined by other brave victims, and as each new voice was added to the chorus, the call for this law grew stronger until, finally, it could no longer be ignored."

"This law is a testament to the tenacity of my constituent, Stephanie Fuller, who had courage enough to tell her story over and over again, so that others might be spared the horrible ordeal she continues to endure," said Assemblyman James Conte (R,C-Huntington Station). "This bill finally gives prosecutors the tools they need to punish these perverts properly."

Auburn, Cayuga County - June, 2003
A landlord was accused of hiding a video camera inside the smoke detector of a female tenant's bedroom

Bay Shore, Suffolk County - November 2001
Landlord William Shultz was charged with secretly videotaping tenant Stephanie Fuller in her bedroom through a tiny camera hidden in the smoke detector directly above her bed. In February 2003, Schultz received a sentence of probation, community service and $1,468 - a mere "slap on the wrist."

Manhattan, New York County - July 2001
A superintendent at Screenvision Cinema Network was caught spying on women through video cameras hidden in the restrooms of the building.

Newark, Wayne County - June 2000
Kindergarten teacher Michael Dorrington, was charged with videotaping five of his female students as they changed their clothes in a closet at the Lincoln Elementary School. He was charged with 'endangering the welfare of a child,' and sentenced to 60 days in jail, four months of electronic monitoring and three years probation. Dorrington ended up serving only two weeks in jail.

Grand Island, Erie County - April 2000
A Grand Island man, living with a woman and her four adolescent daughters, ages 11, 13, 14 and 16, was charged with placing a computer camera system in the heating vent of their bathroom shower area and secretly viewing them.

Queensbury, Warren County - February 2000
A Vermont man was caught secretly videotaping young girls in the girl's locker room of the Queensbury Elementary School. He had entered the school and locker room wearing a woman's wig and carrying a sports bag that concealed a camcorder.

Guilderland, Albany County - July 1998
A man was caught in Crossgates Mall videotaping up the skirts of women shoppers using a small video camera concealed in a bag.