Text: HF02111 Text: HF02113 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 727.8A CRIMINAL VOYEURISM.
1 2 1. A person who intentionally uses or entices another to
1 3 use a camera to visually observe or record the activity of
1 4 another person in a dwelling or occupied structure commits a
1 5 serious misdemeanor if all of the following apply to the
1 6 person using the camera:
1 7 a. The person has no right or authority to use a camera to
1 8 visually observe or record the activity of another.
1 9 b. The person is on the property on which the dwelling or
1 10 occupied structure is located without the express permission
1 11 of the owner, lessee, or a person in lawful possession of the
1 12 property, or the person is an employee who is not acting
1 13 within the scope of employment on the property.
1 14 c. The person has not received consent of the other person
1 15 to use a camera to visually observe or record the activity of
1 16 the other person.
1 17 d. The person knows or should know the other person has a
1 18 reasonable expectation of privacy.
1 19 2. This section shall not apply to the following:
1 20 a. Any person acting within the scope of employment.
1 21 b. Members of the print, broadcast, or other news media if
1 22 the camera or recorder is not concealed from view.
1 23 c. Any portion of a dwelling or occupied structure that is
1 24 used for business purposes.
1 25 3. For purposes of this section, "camera" means any device
1 26 that can be used to observe or record the activity of another
1 27 person.
1 28 EXPLANATION
1 29 This bill establishes a new criminal offense of criminal
1 30 voyeurism.
1 31 The offense occurs when all of the following apply: the
1 32 person intentionally uses or entices another person to use a
1 33 camera to visually observe or record the activities of another
1 34 in a dwelling or occupied structure; the person has no right
1 35 or authority to use a camera to visually observe or record the
2 1 activity of another; the person is on the property on which
2 2 the dwelling or occupied structure is located without
2 3 permission or is an employee who is not acting within the
2 4 scope of employment; the person has not received consent of
2 5 the other person; and the person knows or should know that the
2 6 other person has a reasonable expectation of privacy.
2 7 The bill does not apply to any person acting within the
2 8 scope of employment, or the media, or any portion of a
2 9 dwelling or occupied structure that is used for business
2 10 purposes.
2 11 The bill defines "camera" to mean any device that can be
2 12 used to observe or record the activity of another person.
2 13 A person who commits criminal voyeurism is guilty of a
2 14 serious misdemeanor. A serious misdemeanor is punishable by
2 15 confinement for no more than one year and a fine of at least
2 16 $250 but not more than $1,500.
2 17 LSB 5081YH 78
2 18 jm/as/5
Text: HF02111 Text: HF02113 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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