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