44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO CRIMINAL LAW; CREATING A CRIMINAL OFFENSE KNOWN AS

UNLAWFUL FILMING, VIDEOTAPING OR PHOTOGRAPHING OF A PERSON; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] UNLAWFUL FILMING, VIDEOTAPING OR PHOTOGRAPHING OF A PERSON.--

A. Unlawful filming, videotaping or photographing of a person consists of knowingly, with the intent to invade the person's privacy, filming, videotaping or photographing a person without that person's consent when the person is:

(1) naked or in a state of undress that exposes the person's genitals, pubic area, buttocks or female breast;

(2) in a restroom, dressing room, locker room, hotel room, motel room, tanning booth, tanning bed, bedroom or any other location not open to public view; and

(3) the circumstances are such that the person has a reasonable expectation of privacy.

B. The provisions of Subsection A of this section do not apply to filming, videotaping or photographing by:

(1) law enforcement officers who are conducting a lawful criminal investigation;

(2) corrections or jail officials who are investigating alleged misconduct by an inmate or conducting an inmate cell extraction;

(3) employees and independent contractors of the news media engaged in the gathering of information expected to produce news for broadcast or publication; or

(4) licensed private investigators who are conducting investigations reasonably expected to be used in domestic relations cases.

C. Whoever commits unlawful filming, videotaping or photographing of a person is guilty of a misdemeanor."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.