H.F. 2092 Section 1. Section 709.21, subsection 1, paragraph a, Code 1 2014, is amended to read as follows: 2 a. The other person does not have knowledge about and 3 does not consent or is unable to consent to being viewed, 4 photographed, or filmed. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill modifies the criminal offense of invasion of 9 privacy. 10 Under the bill, the victim may have knowledge that the 11 perpetrator is viewing, photographing, or filming the victim. 12 Current law requires the victim to have no knowledge the 13 perpetrator is viewing, photographing, or filming the victim. 14 Under the bill, a person who knowingly views, photographs, 15 or films a victim, for the purpose of arousing or gratifying 16 the sexual desire of any person, commits invasion of privacy if 17 all of the following apply: the victim does not consent or is 18 unable to consent to being viewed, photographed, or filmed; the 19 victim is in a state of full or partial nudity; and the victim 20 has a reasonable expectation of privacy while in a state of 21 full or partial nudity. 22 A person who violates the bill commits a serious misdemeanor 23 and must register as a sex offender. A serious misdemeanor is 24 punishable by confinement for no more than one year and a fine 25 of at least $315 but not more than $1,875. 26 -1- LSB 5754YH (2) 85 jm/rj 1/ 1