Citations Affected: IC 35-45; noncode.
Synopsis: Enhanced penalty for repeat voyeurs. Provides that a person
who is convicted of voyeurism a second or subsequent time commits
a Class D felony.
Effective: July 1, 2004.
January 8, 2004, read first time and referred to Committee on Criminal, Civil and Public
January 26, 2004, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-45-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) A person:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person; or
(2) who peeps into an area where an occupant of the area reasonably can be expected to disrobe, including:
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a Class B misdemeanor. However, the offense is a Class D felony if it is knowingly or intentionally committed by means of a camera, a video camera, or any other type of video recording device, or if the person has a prior unrelated conviction for an offense under this section
or a prior unrelated conviction in another jurisdiction, including
a military court, that is substantially similar to the offense
described in this section.
(b) "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature.
SECTION 2. [EFFECTIVE JULY 1, 2004] The enhanced penalty under IC 35-45-4-5, as amended by this act, applies only if at least one (1) of the offenses is committed after June 30, 2004.