Bill Text: VA HB342 | 2018 | Regular Session | Prefiled
Bill Title: Peeping or spying into dwelling; penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-15 - Left in Courts of Justice [HB342 Detail]
Download: Virginia-2018-HB342-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-130 and 18.2-130.1 of the Code of Virginia are amended and reenacted as follows:
§18.2-130. Peeping or spying into dwelling or enclosure.
A. It shall be unlawful for any person to enter upon the
property of another and secretly or furtively peep, spy or attempt to peep or
spy into or through a window, door or other aperture of any building,
structure, or other enclosure of any nature occupied or intended for occupancy
as a dwelling, whether or not such building, structure or enclosure is permanently
situated or transportable and whether or not such occupancy is permanent or
temporary, or to do the same, without just cause, upon property owned by him
and leased or rented to another under circumstances that would violate the occupant's reasonable
expectation of privacy of any
person lawfully present in such building, structure, or other enclosure.
B. It shall be unlawful for any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or female breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy.
C. The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail.
D. As used in this section, "peephole" means any hole, crack or other similar opening through which a person can see.
E. A violation of this section is a Class 1 misdemeanor.
§18.2-130.1. Peeping or spying into dwelling or occupied building by electronic device; penalty.
It is unlawful for any person to knowingly and intentionally
cause an electronic device to enter the property of another to secretly or
furtively peep or spy or attempt to peep or spy into or through a window, door,
or other aperture of any building, structure, or other enclosure occupied or
intended for occupancy as a dwelling, whether or not such building, structure,
or enclosure is permanently situated or transportable and whether or not such
occupancy is permanent or temporary, or to do the same, without just cause,
upon property owned by him and leased or rented to another under circumstances
that would violate the occupant's
reasonable expectation of privacy of any person
lawfully present in such building, structure, or other enclosure.
A violation of this section is a Class 1 misdemeanor. The provisions of this
section shall not apply to a lawful criminal investigation.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 836 of the Acts of Assembly of 2017 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
