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

RELATING TO CRIMINAL LAW; CREATING A CRIMINAL OFFENSE KNOWN AS

UNLAWFUL OBSERVING, 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 OBSERVING, FILMING, VIDEOTAPING OR PHOTOGRAPHING OF A PERSON.--

A. Unlawful observing, filming, videotaping or photographing of a person consists of observing, filming, videotaping or photographing a person without that person's consent when the person is:

(1) naked, clad in undergarments or is in a state of undress that exposes the persons's genitals, pubic area, buttocks or female breast; and

(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 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 observing, filming, videotaping or photographing by:

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

(2) corrections officials who are investigating alleged misconduct by an offender committed to a corrections facility;

(3) jail officials who are investigating alleged misconduct by an offender committed to a jail; or

(4) corrections or jail officials who are observing, filming, videotaping or photographing for security purposes.

C. Whoever commits unlawful observing, 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.