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SPONSOR: |
Wilson-Beffort |
DATE TYPED: |
2/06/03 |
HB |
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SHORT TITLE: |
“Voyeurism” and “Electronic Voyeurism” Defined |
SB |
76 |
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ANALYST: |
Maloy |
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Appropriation
Contained |
Estimated Additional
Impact |
Recurring or Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
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Responses Received From
Department of Public Safety
Administrative Offices of the Courts
Corrections Department
SUMMARY
Synopsis of Bill
Senate Bill 76 creates
two new sections of the criminal code.
The bill defines “voyeurism” and “electronic voyeurism”, and establishes
the penalties for these crimes.
Voyeurism
is defined as “hiding, waiting or otherwise loitering in the vicinity of a
private dwelling, apartment building or any other 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.”
Electronic Voyeurism
is defined as “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 the person, when the person is in a place where there
is a right to a reasonable expectation of
privacy.”
SB 76 exempts certain law enforcement personnel, including corrections officers, when performing legitimate job functions.
Anyone committing the
offense of voyeurism is guilty of a misdemeanor.
Anyone committing
electronic voyeurism is guilty of a fourth degree felony.
Significant Issues
Many states have
encountered difficulties dealing with individual’s committing these types of
offenses, particularly electronic voyeurism, because their laws are outdated
and do not adequately address non-violent / non-threatening, yet traumatic and
humiliating, harassment, the violation of a person’s privacy and dignity, and
the developments in technology.
FISCAL IMPLICATIONS
SB 76 does not contain
an appropriation. The Corrections
Department estimates between 20 and 50 voyeurism or electronic voyeurism cases
developing each year. While the number
of cases is expected to be moderate, the administration and enforcement of this
new provision of the criminal code will result in additional workloads and
expenditures for agencies such as the District Attorneys Office, the Public
Defenders Office, the Courts and the Corrections Department.
SJM/sb