§ 250.50 Unlawful surveillance in the first degree.

A person is guilty of unlawful surveillance in the first degree when he or she commits the crime of unlawful surveillance in the second degree and has been previously convicted within the past ten years of unlawful surveillance in the first or second degree.

Unlawful surveillance in the first degree is a class D felony.

As a class D felony, unlawful surveillance in the first degree is punishable as follows:

  • Up to 2.3 to 7 years in state prison
  • Up to $5,000 in fines or double the economic gain from the unlawful surveillance
  • Restitution to the victim(s)
  • Sex Offender Registration Act (SORA)
  • Criminal record that can cause employment issues
  • Immigration and international travel consequences

Unlawful surveillance in the first degree in NYC.

Unlawful surveillance in the first degree is what is considered a bump-up offense meaning that if you've been previously convicted of unlawful surveillance in the second degree and you're accused of doing it again, you can be charged with unlawful surveillance in the first degree which carries enhanced penalties such as the risk of being incarcerated for 7 years in state prison. Like unlawful surveillance in the second degree, it is a felony and can subject you to sex-offender registration.


See also 250.45 Unlawful surveillance in the second degree.

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