SENATE BILL 689

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING THAT A SECOND OR SUBSEQUENT OFFENSE OF VOYEURISM IS A FOURTH DEGREE FELONY.

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

     Section 1. Section 30-9-20 NMSA 1978 (being Laws 2007, Chapter 238, Section 1) is amended to read:

     "30-9-20. VOYEURISM PROHIBITED--PENALTIES.--

          A. Voyeurism consists of intentionally using the unaided eye to view or intentionally using an instrumentality to view, photograph, videotape, film, webcast or record the intimate areas of another person without the knowledge and consent of that person:

                (1) while the person is in the interior of a bedroom, bathroom, changing room, fitting room, dressing room or tanning booth or the interior of any other area in which the person has a reasonable expectation of privacy; or

                (2) under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.

          B. Whoever commits voyeurism is guilty of a:                    (1) misdemeanor, [except] for a first offense;

                (2) fourth degree felony, for a second or subsequent offense; and

                (3) fourth degree felony, if the victim is less than eighteen years of age [the offender is guilty of a fourth degree felony].

          C. As used in this section:

                (1) "intimate areas" means the primary genital area, groin, buttocks, anus or breasts or the undergarments that cover those areas; and

                (2) "instrumentality" means a periscope, telescope, binoculars, camcorder, computer, motion picture camera, digital camera, telephone camera, photographic camera or electronic device of any type."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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