SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 1207

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO CRIMINAL LAW; CREATING THE CRIMINAL OFFENSE OF VOYEURISM; 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] 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 of a person who is at least eighteen years of age is guilty of a fourth degree felony.

          C. Whoever commits voyeurism of a child who is at least nine but less than eighteen years of age is guilty of a third degree felony.

          D. Whoever commits voyeurism of a child who is less than nine years of age is guilty of a second degree felony.

          E. 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, 2007.

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