House File 2037

                                       HOUSE FILE       
                                       BY  McCARTHY and J.R. VAN FOSSEN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating a criminal offense for using a cellular telephone
  2    with a fitted camera in certain areas, and providing a
  3    penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5490HH 80
  6 jm/cf/24

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