Ban on Window Peeping Is Sought

At one time or another, many New Yorkers unwittingly find themselves staring into the window of an adjacent building and spotting a neighbor in a state of undress. It's almost unavoidable among the city's close quarters and some might go so far as to call it a beloved pastime. But it may become illegal under new legislation before the City Council.

Council Member Peter Vallone Jr. of Queens is proposing to outlaw voyeurism by extending a state law that forbids non-consensual peeping with cameras to peeping with the naked eye.

In addition to targeting repeat offenders who crane their necks to peer under the dresses of women scampering up and down subway stairs, the legislation would also crack down on anyone caught staring into the window of a private bedroom or bathroom.

Mr. Vallone said that anyone staring at an individual who has a reasonable expectation of privacy would be violating the law. The law would not apply to gawking at someone standing naked beside his or her living room window, he added.

The New York Civil Liberties Union said the legislation was too broad and could lead to abuse.

The bill's "lack of clarity confers a license for abuse on those empowered to enforce the law by leaving it up to the individual police officer to decide which kinds of viewing are lawful and which kinds are degrading and hence unlawful," the group's executive director, Donna Lieberman, said in a statement.

While the bill was designed to deal with repeat offenders who do their peeping in public, Mr. Vallone acknowledged that, "invariably, other situations are going to get caught up in this."

Violations would be considered misdemeanors, punishable by up to 90 days in jail and a $500 fine.

A spokesman for Mr. Vallone, Andrew Moesel, said the law would be easier to enforce than some might think. A victim of peeping would be able to call the police and give a description of the offender.

"The most problematic case is going to be people staring into windows," he said. "It's like anything else. It won't be any harder to describe than an assault."