H.F. 3 Section 1. Section 709.21, subsection 1, paragraph a, Code 1 2015, 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 The bill provides that a person who knowingly views, 11 photographs, or films a victim, for the purpose of arousing or 12 gratifying the sexual desire of any person, commits invasion 13 of privacy if all of the following apply: the victim does not 14 consent or is unable to consent to being viewed, photographed, 15 or filmed; the victim is in a state of full or partial nudity; 16 and the victim has a reasonable expectation of privacy while in 17 a state of full or partial nudity. 18 Under the bill, the victim may have knowledge that the 19 perpetrator is viewing, photographing, or filming the victim. 20 Current law requires the victim to have no knowledge the 21 perpetrator is viewing, photographing, or filming the victim. 22 A person who violates the bill commits a serious misdemeanor 23 and must register as a sex offender. A person convicted of 24 invasion of privacy also is subject to a 10-year special 25 sentence under Code section 903B.2. A serious misdemeanor is 26 punishable by confinement for no more than one year and a fine 27 of at least $315 but not more than $1,875. 28 -1- LSB 1116YH (2) 86 jm/rj 1/ 1