Text: HF02150 Text: HF02152 Text: HF02100 - HF02199 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 PHOTOGRAPH EQUIPMENT INCLUDING A CELLULAR TELEPHONE WITH A
1 3 FITTED CAMERA.
1 4 1. A person shall not use any type of equipment capable of
1 5 taking a photograph, including but not limited to a cellular
1 6 telephone with a fitted camera, in a place where another
1 7 person has a reasonable expectation of privacy.
1 8 2. As used in this section:
1 9 a. "Reasonable expectation of privacy" means a location
1 10 where a person can disrobe and be in a state of full or
1 11 partial nudity with the reasonable expectation that the person
1 12 would not be photographed while in a state of full or partial
1 13 nudity.
1 14 b. "Use" means to operate any type of equipment capable of
1 15 taking a photograph or to operate a cellular telephone with a
1 16 fitted camera in any manner.
1 17 3. The following uses of any type of equipment capable of
1 18 taking a photograph, including but not limited to a cellular
1 19 telephone with a fitted camera, in a place where another has a
1 20 reasonable expectation of privacy are not violations of this
1 21 section:
1 22 a. A certified peace officer as defined in section 724.2A,
1 23 acting within the scope of the lawful authority of that
1 24 officer.
1 25 b. A private investigator licensed pursuant to chapter
1 26 80A, acting within the scope of a legitimate investigation.
1 27 c. A person in an emergency situation or under exigent
1 28 circumstances.
1 29 d. A person in a place where the other person consents to
1 30 the use of the cellular telephone or other equipment and the
1 31 person with authority over the place where it is being used
1 32 consents to its use.
1 33 4. A person who violates this section commits a simple
1 34 misdemeanor punishable as a scheduled violation under section
1 35 805.8C, subsection 4.
2 1 Sec. 2. Section 805.8C, Code 2003, is amended by adding
2 2 the following new subsection:
2 3 NEW SUBSECTION. 4. PRIVACY VIOLATIONS. For violations of
2 4 section 709.19A, the scheduled fine is one hundred dollars.
2 5 EXPLANATION
2 6 This bill creates a criminal offense for using any type of
2 7 equipment capable of taking a photograph, including but not
2 8 limited to a cellular telephone with a fitted camera in a
2 9 place where another person has a reasonable expectation of
2 10 privacy.
2 11 The bill defines "reasonable expectation of privacy" to
2 12 mean a location where a person can disrobe and be in a state
2 13 of full or partial nudity with the reasonable expectation that
2 14 the person would not be photographed while in a state of full
2 15 or partial nudity. The bill also defines "use" to mean
2 16 operating any type of equipment capable of taking a photograph
2 17 or to operate a cellular telephone with a fitted camera in any
2 18 manner.
2 19 Under the bill, the following uses of photography equipment
2 20 including a cellular telephone with a fitted camera in a place
2 21 where another has a reasonable expectation of privacy are not
2 22 violations: a certified peace officer acting within the scope
2 23 of the lawful authority of that officer, a licensed private
2 24 investigator acting within the scope of a legitimate
2 25 investigation, a person in an emergency or under exigent
2 26 circumstances, and a person in a place where the other person
2 27 consents to the use of the cellular telephone and the person
2 28 with authority over the place where it is being used consents
2 29 to its use.
2 30 A person who violates the bill commits a simple misdemeanor
2 31 punishable as a scheduled violation, with a scheduled fine of
2 32 $100.
2 33 LSB 5490HV 80
2 34 jm/cf/24
Text: HF02150 Text: HF02152 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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