Text: HF02036 Text: HF02038 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 709.19A INVASION OF PRIVACY –
1 2 CELLULAR TELEPHONE WITH CAMERA.
1 3 1. A person shall not use a cellular telephone with a
1 4 fitted camera in a place where another person has a reasonable
1 5 expectation of privacy.
1 6 2. As used in this section:
1 7 a. "Reasonable expectation of privacy" means a location
1 8 where a person can disrobe and be in a state of full or
1 9 partial nudity with the reasonable expectation that the person
1 10 would not be photographed while in a state of full or partial
1 11 nudity.
1 12 b. "Use" means to make or receive a telephone call.
1 13 3. The following uses of a cellular telephone with a
1 14 fitted camera in a place where another has a reasonable
1 15 expectation of privacy are not violations of this section:
1 16 a. A certified peace officer as defined in section 724.2A,
1 17 acting within the scope of the lawful authority of that
1 18 officer.
1 19 b. A private investigator licensed pursuant to chapter
1 20 80A, acting within the scope of a legitimate investigation.
1 21 c. A person in an emergency situation or under exigent
1 22 circumstances.
1 23 d. A person in a place where the other person consents to
1 24 the use of the cellular telephone and the person with
1 25 authority over the place where it is being used consents to
1 26 its use.
1 27 4. A person who violates this section commits a simple
1 28 misdemeanor punishable as a scheduled violation under section
1 29 805.8C, subsection 4.
1 30 Sec. 2. Section 805.8C, Code 2003, is amended by adding
1 31 the following new subsection:
1 32 NEW SUBSECTION. 4. CELLULAR TELEPHONE WITH CAMERA
1 33 VIOLATIONS. For violations of section 709.19A, the scheduled
1 34 fine is one hundred dollars.
1 35 EXPLANATION
2 1 This bill creates a criminal offense for using a cellular
2 2 telephone with a fitted camera in a place where another person
2 3 has a reasonable expectation of privacy.
2 4 The bill defines "reasonable expectation of privacy" to
2 5 mean a location where a person can disrobe and be in a state
2 6 of full or partial nudity with the reasonable expectation that
2 7 the person would not be photographed while in a state of full
2 8 or partial nudity. The bill also defines "use" to mean making
2 9 or receiving a telephone call.
2 10 Under the bill, the following uses of a cellular telephone
2 11 with a fitted camera in a place where another has a reasonable
2 12 expectation of privacy are not violations: a certified peace
2 13 officer acting within the scope of the lawful authority of
2 14 that officer, a licensed private investigator acting within
2 15 the scope of a legitimate investigation, a person in an
2 16 emergency or under exigent circumstances, and a person in a
2 17 place where the other person consents to the use of the
2 18 cellular telephone and the person with authority over the
2 19 place where it is being used consents to its use.
2 20 A person who violates the bill commits a simple misdemeanor
2 21 punishable as a scheduled violation, with a scheduled fine of
2 22 $100.
2 23 LSB 5490HH 80
2 24 jm/cf/24
Text: HF02036 Text: HF02038 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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