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 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.


SEA 19

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