First Regular Session 117th General Assembly (2011)
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SENATE ENROLLED ACT No. 19
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)SE0019.1.1. -->
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
(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.
(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,
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a Class B
However, the offense under subsection
is a Class D
(1) it is knowingly or intentionally committed by means of a
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) "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
(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
(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.
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