SENATE BILL No. 19
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-45-4-6.
Synopsis: Invasion of privacy by photography. Establishes the crime
of invasion of privacy by photography, a Class A misdemeanor.
Provides that the crime is committed if a person, with the intent to: (1)
gratify the person's sexual desires; (2) humiliate or embarrass the
victim; or (3) publish, transmit, or disseminate the photograph;
surreptitiously photographs the private area of an individual under
circumstances in which a reasonable person would believe that the
individual's private area would not be visible to the public. Increases
the penalty to a Class D felony if the person knowingly or intentionally
publishes, transmits, or otherwise disseminates the photograph. (The
introduced version of this bill was prepared by the criminal law and
sentencing policy study committee.)
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and
First Regular Session 117th General Assembly (2011)
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between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE BILL No. 19
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 35-45-4-6; (11)IN0019.1.1. -->
SECTION 1. IC 35-45-4-6 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 6. (a) As used in this section, "private area" means
the naked or undergarment clad genitals, pubic area, or buttocks
of an individual.
(b) A person who, without the consent of the individual:
(1) knowingly or intentionally:
(A) surreptitiously photographs, video records, or captures
a digital image of the private area of an individual by
means of camera, a video camera, or any other type of
video recording device, whether or not the photograph,
video, or image is permanently saved; or
(B) performs an act described in clause (A) under
circumstances in which a reasonable person would believe
that the individual's private area would not be visible to
the public; and
(2) performs the act described in subdivision (1) with the
(A) gratify the sexual desires of the person;
(B) humiliate or embarrass the individual; or
(C) publish, transmit, or otherwise disseminate the
photograph, video, or digital image;
commits invasion of privacy by photography, a Class A
misdemeanor. However, the offense is a Class D felony if the
person knowingly or intentionally publishes the photograph, video,
or digital image or otherwise knowingly or intentionally transmits
or disseminates the photograph, video, or digital image to another