Bill Text: IN SB0110 | 2011 | Regular Session | Introduced
Bill Title: Voyeurism.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0110 Detail]
Download: Indiana-2011-SB0110-Introduced.html
Introduced Version
SENATE BILL No. 110
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-45-4-5.
Synopsis: Voyeurism. Makes peeping up or under another person's
clothing a Class B misdemeanor. Enhances the penalty for voyeurism
to a Class C felony if the victim is less than 16 years of age, and
provides a defense to the Class C felony enhancement if the defendant
reasonably believed that the person was at least 16 years of age.
Effective: July 1, 2011.
Yoder
January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
Introduced
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 110
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-45-4-5; (11)IN0110.1.1. -->
SECTION 1. IC 35-45-4-5, AS AMENDED BY P.L.7-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. (a) A person:
(1) who:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person;or
(2) who peeps into an area where an occupant of the area reasonably can be expected to disrobe, including:
(A) restrooms;
(B) baths;
(C) showers; and
(D) dressing rooms; or
(3) who peeps up or under another person's clothing;
without the consent of the other person, commits voyeurism, a Class B misdemeanor.
(b) However, the offense under subsection (a) is a Class D felony if:
(1) it is knowingly or intentionally committed by means of a camera, a video camera, or any other type of video recording device; or
(2) the person who commits the offense has a prior unrelated conviction:
(A) under this section; or
(B) in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section.
(c) The offense under subsection (a) is a Class C felony if the victim is less than sixteen (16) years of age. It is a defense to a prosecution under this subsection that the accused person reasonably believed that the child was at least sixteen (16) years of age.
(c) (d) "Peep" means any looking of a clandestine, surreptitious,
prying, or secretive nature.
(1) who:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person;
(2) who peeps into an area where an occupant of the area reasonably can be expected to disrobe, including:
(A) restrooms;
(B) baths;
(C) showers; and
(D) dressing rooms; or
(3) who peeps up or under another person's clothing;
without the consent of the other person, commits voyeurism, a Class B misdemeanor.
(b) However, the offense under subsection (a) is a Class D felony if:
(1) it is knowingly or intentionally committed by means of a camera, a video camera, or any other type of video recording device; or
(2) the person who commits the offense has a prior unrelated conviction:
(A) under this section; or
(B) in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section.
(c) The offense under subsection (a) is a Class C felony if the victim is less than sixteen (16) years of age. It is a defense to a prosecution under this subsection that the accused person reasonably believed that the child was at least sixteen (16) years of age.
