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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