46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; CREATING CRIMINAL OFFENSES KNOWN AS VOYEURISM AND ELECTRONIC VOYEURISM; PROVIDING PENALTIES; ENACTING A SECTION OF THE CRIMINAL CODE.

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] VOYEURISM--ELECTRONIC VOYEURISM-- EXCEPTIONS.--

A. Voyeurism consists of hiding, waiting or otherwise loitering in the vicinity of a private dwelling house, apartment building or any other place of residence, or in the vicinity of a locker room, dressing room, restroom or any other place where a person has a right to a reasonable expectation of privacy, with the unlawful and willful intent to view, watch, gaze or look upon a person in a clandestine manner.

B. Electronic voyeurism consists of:

(1) using photographic, electronic or video equipment in a clandestine manner for an illegal, illegitimate, lewd or lascivious purpose with the intent to view, watch, gaze or look upon a person without the knowledge or consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy; or

(2) publishing or distributing an image obtained from using photographic, electronic or video equipment in a clandestine manner for an illegal, illegitimate, lewd or lascivious purpose without the knowledge or consent of a person when the person viewed is in a place where there is a right to a reasonable expectation of privacy.

C. The provisions of Subsections A and B of this section do not apply to viewing, watching, gazing or looking upon a person 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 viewing, watching, gazing or looking upon a person for security purposes.

D. Whoever commits voyeurism is guilty of a misdemeanor.

E. Whoever commits electronic voyeurism is guilty of a fourth degree felony."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.