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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    HOUSE ENROLLED ACT No. 1099




     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)HE1099.1.1. -->     SECTION 1. IC 35-45-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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)HE1099.1.2. -->     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.


HEA 1099

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