January 27, 2004





SENATE BILL No. 196

_____


DIGEST OF SB 196 (Updated January 26, 2004 11:03 am - DI 106)



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.





Merritt




    January 8, 2004, read first time and referred to Committee on Criminal, Civil and Public Policy.
    January 26, 2004, amended, reported favorably _ Do Pass.






January 27, 2004

Second Regular Session 113th General Assembly (2004)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 196



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 35-45-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) A person:
        (1) who:
            (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:
            (A) restrooms;
            (B) baths;
            (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.