SENATE BILL No. 110
DIGEST OF INTRODUCED BILL
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
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 110
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:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person;
(2) who peeps into an area where an occupant of the area
reasonably can be expected to disrobe, including:
(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
(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
(2) the person who commits the offense has a prior unrelated
(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
(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
"Peep" means any looking of a clandestine, surreptitious,
prying, or secretive nature.