January 19, 2011





SENATE BILL No. 19

_____


DIGEST OF SB 19 (Updated January 18, 2011 10:54 am - DI 106)



Citations Affected: IC 35-45.

Synopsis: Public voyeurism. Makes it a Class A misdemeanor for a person to peep at the private area of an individual and record an image by means of a camera. Increases the penalty to a Class D felony if the person has a prior conviction or: (1) publishes the image; (2) makes the image available on the Internet; or (3) transmits or disseminates the image to another person. Provides a defense if an individual deliberately exposed the individual's private area. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Effective: July 1, 2011.





Wyss, Steele, Yoder, Kruse




    January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    January 18, 2011, amended, reported favorably _ Do Pass.






January 19, 2011

First Regular Session 117th General Assembly (2011)


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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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 35-45-4-5; (11)SB0019.1.1. -->     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) The following definitions apply throughout this section:
        (1) "Camera" means a camera, a video camera, a device that captures a digital image, or any other type of video recording device.
        (2) "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature.
        (3) "Private area" means the naked or undergarment clad genitals, pubic area, or buttocks of an individual.

    (a) (b) A person:
        (1) who knowingly or intentionally:
            (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 knowingly or intentionally 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) (c) However, the offense under subsection (a) (b) 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) "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature.
     (d) A person who:
        (1) without the consent of the individual; and
        (2) with intent to peep at the private area of an individual;
peeps at the private area of an individual and records an image by means of a camera commits public voyeurism, a Class A misdemeanor.
    (e) The offense under subsection (d) is a Class D felony if the person has a prior unrelated conviction under this section or in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section, or if the person:
        (1) publishes the image;
        (2) makes the image available on the Internet; or
        (3) transmits or disseminates the image to another person.

     (f) It is a defense to a prosecution under subsection (d) that the individual deliberately exposed the individual's private area.