Introduced Version




Citations Affected: IC 35-45-4-5.

Synopsis: Voyeurism. Makes peeping up or under another person's clothing a Class B misdemeanor. Enhances the penalty for voyeurism to a Class C felony if the victim is less than 16 years of age, and provides a defense to the Class C felony enhancement if the defendant reasonably believed that the person was at least 16 years of age.

Effective: July 1, 2011.


    January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.


First Regular Session 117th General Assembly (2011)

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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; (11)IN0110.1.1. -->     SECTION 1. IC 35-45-4-5, AS AMENDED BY P.L.7-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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; or
        (3) who peeps up or under another person's clothing;

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.
     (c) The offense under subsection (a) is a Class C felony if the victim is less than sixteen (16) years of age. It is a defense to a prosecution under this subsection that the accused person reasonably believed that the child was at least sixteen (16) years of age.
    (c) (d) "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature.