March 18, 2005




DIGEST OF HB 1099 (Updated March 15, 2005 1:35 pm - DI 106)

Citations Affected: IC 35-45; noncode.

Synopsis: Voyeurism. Makes the offense of voyeurism a Class D felony instead of a Class B misdemeanor if a person is convicted of the offense a second or subsequent time.

Effective: July 1, 2005.

Messer, Van Haaften , Klinker , Ulmer

    January 6, 2005, read first time and referred to Committee on Courts and Criminal Code.
    February 14, 2005, reported _ Do Pass.
    February 17, 2005, read second time, ordered engrossed. Engrossed.
    February 21, 2005, read third time, passed. Yeas 92, nays 2.


    February 24, 2005, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    March 17, 2005, reported favorably _ Do Pass.

March 18, 2005

First Regular Session 114th General Assembly (2005)

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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    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:

SOURCE: IC 35-45-4-5; (05)EH1099.1.1. -->     SECTION 1. IC 35-45-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: (a) 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.
     (b) However, the offense under subsection (a) is a Class D felony if:
         (1) it is knowingly or intentionally committed by means of a

camera, a video camera, or any other type of video recording device; or
        (2) the person who commits the offense has a prior unrelated conviction:
            (A) under this section; or
            (B) in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section.

    (b) (c) "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature.

SOURCE: ; (05)EH1099.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2005] The enhanced penalty under IC 35-45-4-5(b)(2), as added by this act, applies only if at least one (1) of the offenses is committed after June 30, 2005.