Peeping Tom laws—also known as voyeurism laws or invasion of privacy laws—generally make it illegal and a criminal offense to peek into windows or doors on private property to view a person who is fully or partially naked for the purpose of sexual desire or gratification.
Peeping Tom laws vary from state to state and some states require that the victim not realize he or she was being viewed and that the victim had a reasonable expectation of privacy (was in a place where it was reasonable to expect privacy). And some states specifically address the use of unmanned aircraft (drones), cameras, video cameras, and binoculars in connection with such peeping. Some state statutes specifically prohibit peeking into bathrooms, dressing rooms, showers, and baths. And some states characterize this criminal offense as trespassing with the intent to peer or peep.
Peeping Tom laws are located in a state’s statutes—often in the penal or criminal code.
In New York, Peeping Tom laws are addressed under the state's penal code concerning offenses related to privacy violations. New York criminalizes unlawful surveillance, which includes the act of secretly viewing or recording a person without their consent in a place where they have a reasonable expectation of privacy, such as in their home, dressing room, or bathroom. This is covered under New York Penal Law sections 250.45 to 250.50, which define unlawful surveillance in the second and first degrees, respectively. The laws make it a felony to surreptitiously record or view someone in a private setting, especially for sexual gratification. Additionally, the use of devices like cameras and drones for such purposes can lead to more severe charges. Victims do not need to be unaware that they are being viewed for the act to be illegal; it is enough that they are in a place where they would reasonably expect privacy. Trespassing with the intent to engage in such voyeuristic activities can also be prosecuted under New York's trespass laws, which may add to the severity of the offense.