SENATE BILL NO. 1243

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S1243aa..............................................by JUDICIARY AND RULES
VIDEO VOYEURISM - Adds to and amends existing law to provide for the crime
of video voyeurism; to define terms; to provide a penalty; and to include
the crime of video voyeurism for purposes of the Sexual Offender
Registration Notification and Community Right-to-Know Act.
                                                                        
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Jud
02/16    Rpt out - to 14th Ord
02/19    Rpt out amen - to engros
02/20    Rpt engros - 1st rdg - to 2nd rdg as amen
02/23    2nd rdg - to 3rd rdg as amen
02/26    3rd rdg as amen - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett
      NAYS -- None
      Absent and excused -- Sweet, Werk, Williams
    Floor Sponsor - Darrington
    Title apvd - to House
02/27    House intro - 1st rdg - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
      Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Campbell, Gagner, Raybould, Schaefer, Wills
    Floor Sponsor - Nielsen
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed
03/15    Sp signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 122
         Effective: 03/19/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1243
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO VIDEO VOYEURISM; AMENDING CHAPTER 66, TITLE 18, IDAHO CODE, BY THE
  3        ADDITION OF A NEW SECTION 18-6609, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE
  4        FOR THE CRIME OF VIDEO VOYEURISM AND TO PROVIDE A PENALTY;  AMENDING  SEC-
  5        TION 18-8304, IDAHO CODE, TO INCLUDE THE CRIME OF VIDEO VOYEURISM FOR PUR-
  6        POSES  OF  THE  SEXUAL  OFFENDER  REGISTRATION  NOTIFICATION AND COMMUNITY
  7        RIGHT-TO-KNOW ACT; AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 66, Title 18, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 18-6609, Idaho Code, and to read as follows:
                                                                        
 12        18-6609.  CRIME OF VIDEO VOYEURISM. (1) As used in this section:
 13        (a)  "Broadcast" means the electronic transmittal of a visual  image  with
 14        the intent that it be viewed by a person or persons.
 15        (b)  "Disseminate" means to make available by any means to any person.
 16        (c)  "Imaging  device" means any instrument capable of recording, storing,
 17        viewing or transmitting visual images.
 18        (d)  "Intimate areas" means the buttocks, genitals  or  genital  areas  of
 19        males or females, and the breast area of females.
 20        (e)  "Person"  means  any  natural person, corporation, partnership, firm,
 21        association, joint venture or any other recognized  legal  entity  or  any
 22        agent or servant thereof.
 23        (f)  "Place  where  that  person  has a reasonable expectation of privacy"
 24        means:
 25             (i)   A place where a reasonable person would believe that  he  could
 26             undress,  be undressed or engage in sexual activity in privacy, with-
 27             out concern that he is being viewed, photographed, filmed  or  other-
 28             wise recorded by an imaging device; or
 29             (ii)  A  place where a person might reasonably expect to be safe from
 30             casual or hostile surveillance by an imaging device; or
 31             (iii) Any public place where a person, by taking reasonable steps  to
 32             conceal  intimate  areas, should be free from the viewing, recording,
 33             storing  or  transmitting  of  images  obtained  by  imaging  devices
 34             designed to overcome the barriers created by a person's  covering  of
 35             intimate areas.
 36        (g)  "Publish" means to:
 37             (i)   Disseminate  with  the intent that such image or images be made
 38             available by any means to any person; or
 39             (ii)  Disseminate with the intent that such images be sold by another
 40             person; or
 41             (iii) Post, present, display, exhibit, circulate, advertise or  allow
 42             access by any means so as to make an image or images available to the
 43             public; or
                                                                        
                                           2
                                                                        
  1             (iv)  Disseminate  with the intent that an image or images be posted,
  2             presented,  displayed,  exhibited,  circulated,  advertised  or  made
  3             accessible by any means and to make such image or images available to
  4             the public.
  5        (h)  "Sell" means to disseminate to another  person,  or  to  publish,  in
  6        exchange for something of value.
  7        (2)  A person is guilty of video voyeurism when, with the intent of arous-
  8    ing, appealing to or gratifying the lust or passions or sexual desires of such
  9    person or another person, or for his own or another person's salacious or las-
 10    civious entertainment or satisfaction of prurient interest, or for the purpose
 11    of sexually degrading or abusing a person:
 12        (a)  He  uses,  installs  or permits the use or installation of an imaging
 13        device without that person's knowledge and consent and while  that  person
 14        is  in  a  place  where that person would have a reasonable expectation of
 15        privacy; or
 16        (b)  He intentionally disseminates,  publishes  or  sells  such  image  or
 17        images  of  the lawful sexual activity or intimate areas of another person
 18        or persons with knowledge of the unlawful conduct by  which  an  image  or
 19        images were obtained; or
 20        (c)  He  uses,  installs  or permits the use or installation of an imaging
 21        device without that person's knowledge and consent, which permits viewing,
 22        recording, imaging  or  photographing  areas  that  have  been  reasonably
 23        shielded from public view.
 24        (3)  A violation of this section is a felony.
                                                                        
 25        SECTION  2.  That  Section 18-8304, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        18-8304.  APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
 28    apply to any person who:
 29        (a)  On or after July 1, 1993, is convicted of the crime, or an attempt, a
 30        solicitation, or a conspiracy to commit a crime provided  for  in  section
 31        18-909  (assault  with  attempt  to  commit  rape,  infamous crime against
 32        nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
 33        murder or robbery), 18-911 (battery with attempt to commit rape,  infamous
 34        crime  against  nature,  or  lewd and lascivious conduct with a minor, but
 35        excluding mayhem, murder or robbery), 18-1506 (sexual  abuse  of  a  child
 36        under  sixteen  years  of  age),  18-1506A  (ritualized abuse of a child),
 37        18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
 38        exploitative material for other than a commercial purpose), 18-1508  (lewd
 39        conduct  with  a  minor  child), 18-1508A (sexual battery of a minor child
 40        sixteen or seventeen years of age), 18-1509A (enticing a  child  over  the
 41        internet),  18-4003(d) (murder committed in perpetration of rape), 18-4116
 42        (indecent exposure,  but  excluding  a  misdemeanor  conviction),  18-4502
 43        (first degree kidnapping committed for the purpose of rape, committing the
 44        infamous  crime  against  nature or for committing any lewd and lascivious
 45        act upon any child under the age of sixteen, or  for  purposes  of  sexual
 46        gratification  or  arousal),  18-4503  (second degree kidnapping where the
 47        victim  is  an  unrelated  minor  child),  18-6101  (rape,  but  excluding
 48        18-6101(1) where the defendant is  eighteen  years  of  age  or  younger),
 49        18-6108  (male rape), 18-6602 (incest), 18-6605 (crime against nature), or
 50        18-6608, Idaho Code (forcible sexual  penetration  by  use  of  a  foreign
 51        object), or 18-6609, Idaho Code (video voyeurism);
 52        (b)  Enters the state on or after July 1, 1993, and who has been convicted
 53        of any crime, an attempt, a solicitation or a conspiracy to commit a crime
                                                                        
                                           3
                                                                        
  1        in  another  state,  territory, commonwealth, or other jurisdiction of the
  2        United States, including tribal courts and military courts, that  is  sub-
  3        stantially  equivalent to the offenses listed in subsection (1)(a) of this
  4        section.
  5        (c)  Pleads guilty to or has been found guilty of a crime covered in  this
  6        chapter prior to July 1, 1993, and the person, as a result of the offense,
  7        is  incarcerated in a county jail facility or a penal facility or is under
  8        probation or parole supervision, on or after July 1, 1993.
  9        (d)  Is a nonresident regularly employed or working in Idaho or is a  stu-
 10        dent  in  the  state  of  Idaho and was convicted, found guilty or pleaded
 11        guilty to a crime covered by this chapter and, as a result of such convic-
 12        tion, finding or plea, is required to register in his state of residence.
 13        (2)  The provisions of this chapter shall not apply  to  any  such  person
 14    while  the person is incarcerated in a correctional institution of the depart-
 15    ment of correction, a county jail facility or committed  to  a  mental  health
 16    institution of the department of health and welfare.
 17        (3)  A  conviction  for purposes of this chapter means that the person has
 18    pled guilty or has been found guilty, notwithstanding the form of the judgment
 19    or withheld judgment.
                                                                        
 20        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 21    declared to exist, this act shall be in full force and effect on and after its
 22    passage and approval.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Darrington          
                                                                        
                                                     Seconded by Lodge               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1243
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 23 delete "that person" and insert:
  3    "a person"; on page 2, in line 9, delete "salacious or"; in line 11, delete "a
  4    person" and insert: "any other person"; delete lines 13 through 15 and insert:
  5    "device at a place where a person would have a reasonable expectation of  pri-
  6    vacy, without the knowledge or consent of the person using such place; or"; in
  7    line  16,  delete "such" and insert: "any"; and delete lines 17 through 23 and
  8    insert: "images of the intimate areas of another person or persons without the
  9    consent of such other person or persons and with knowledge that such image  or
 10    images were obtained with the intent set forth above.".
                                                                        
 11                                AMENDMENT TO SECTION 2
 12        On page 2, in line 51, following "or" insert: "upon a second or subsequent
 13    conviction under".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1243, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO VIDEO VOYEURISM; AMENDING CHAPTER 66, TITLE 18, IDAHO CODE, BY THE
  3        ADDITION OF A NEW SECTION 18-6609, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE
  4        FOR THE CRIME OF VIDEO VOYEURISM AND TO PROVIDE A PENALTY;  AMENDING  SEC-
  5        TION 18-8304, IDAHO CODE, TO INCLUDE THE CRIME OF VIDEO VOYEURISM FOR PUR-
  6        POSES  OF  THE  SEXUAL  OFFENDER  REGISTRATION  NOTIFICATION AND COMMUNITY
  7        RIGHT-TO-KNOW ACT; AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 66, Title 18, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 18-6609, Idaho Code, and to read as follows:
                                                                        
 12        18-6609.  CRIME OF VIDEO VOYEURISM. (1) As used in this section:
 13        (a)  "Broadcast" means the electronic transmittal of a visual  image  with
 14        the intent that it be viewed by a person or persons.
 15        (b)  "Disseminate" means to make available by any means to any person.
 16        (c)  "Imaging  device" means any instrument capable of recording, storing,
 17        viewing or transmitting visual images.
 18        (d)  "Intimate areas" means the buttocks, genitals  or  genital  areas  of
 19        males or females, and the breast area of females.
 20        (e)  "Person"  means  any  natural person, corporation, partnership, firm,
 21        association, joint venture or any other recognized  legal  entity  or  any
 22        agent or servant thereof.
 23        (f)  "Place where a person has a reasonable expectation of privacy" means:
 24             (i)   A  place  where a reasonable person would believe that he could
 25             undress, be undressed or engage in sexual activity in privacy,  with-
 26             out  concern  that he is being viewed, photographed, filmed or other-
 27             wise recorded by an imaging device; or
 28             (ii)  A place where a person might reasonably expect to be safe  from
 29             casual or hostile surveillance by an imaging device; or
 30             (iii) Any  public place where a person, by taking reasonable steps to
 31             conceal intimate areas, should be free from the  viewing,  recording,
 32             storing  or  transmitting  of  images  obtained  by  imaging  devices
 33             designed  to  overcome the barriers created by a person's covering of
 34             intimate areas.
 35        (g)  "Publish" means to:
 36             (i)   Disseminate with the intent that such image or images  be  made
 37             available by any means to any person; or
 38             (ii)  Disseminate with the intent that such images be sold by another
 39             person; or
 40             (iii) Post,  present, display, exhibit, circulate, advertise or allow
 41             access by any means so as to make an image or images available to the
 42             public; or
 43             (iv)  Disseminate with the intent that an image or images be  posted,
                                                                        
                                           2
                                                                        
  1             presented,  displayed,  exhibited,  circulated,  advertised  or  made
  2             accessible by any means and to make such image or images available to
  3             the public.
  4        (h)  "Sell"  means  to  disseminate  to  another person, or to publish, in
  5        exchange for something of value.
  6        (2)  A person is guilty of video voyeurism when, with the intent of arous-
  7    ing, appealing to or gratifying the lust or passions or sexual desires of such
  8    person or another person, or for his own or another person's lascivious enter-
  9    tainment or satisfaction of prurient interest, or for the purpose of  sexually
 10    degrading or abusing any other person:
 11        (a)  He  uses,  installs  or permits the use or installation of an imaging
 12        device at a place where a person would have a  reasonable  expectation  of
 13        privacy,  without the knowledge or consent of the person using such place;
 14        or
 15        (b)  He intentionally disseminates, publishes or sells any image or images
 16        of the intimate areas of another person or persons without the consent  of
 17        such  other person or persons and with knowledge that such image or images
 18        were obtained with the intent set forth above.
 19        (3)  A violation of this section is a felony.
                                                                        
 20        SECTION 2.  That Section 18-8304, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        18-8304.  APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
 23    apply to any person who:
 24        (a)  On or after July 1, 1993, is convicted of the crime, or an attempt, a
 25        solicitation,  or  a  conspiracy to commit a crime provided for in section
 26        18-909 (assault with  attempt  to  commit  rape,  infamous  crime  against
 27        nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
 28        murder  or robbery), 18-911 (battery with attempt to commit rape, infamous
 29        crime against nature, or lewd and lascivious conduct  with  a  minor,  but
 30        excluding  mayhem,  murder  or  robbery), 18-1506 (sexual abuse of a child
 31        under sixteen years of age),  18-1506A  (ritualized  abuse  of  a  child),
 32        18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
 33        exploitative  material for other than a commercial purpose), 18-1508 (lewd
 34        conduct with a minor child), 18-1508A (sexual battery  of  a  minor  child
 35        sixteen  or  seventeen  years of age), 18-1509A (enticing a child over the
 36        internet), 18-4003(d) (murder committed in perpetration of rape),  18-4116
 37        (indecent  exposure,  but  excluding  a  misdemeanor  conviction), 18-4502
 38        (first degree kidnapping committed for the purpose of rape, committing the
 39        infamous crime against nature or for committing any  lewd  and  lascivious
 40        act  upon  any  child  under the age of sixteen, or for purposes of sexual
 41        gratification or arousal), 18-4503 (second  degree  kidnapping  where  the
 42        victim  is  an  unrelated  minor  child),  18-6101  (rape,  but  excluding
 43        18-6101(1)  where  the  defendant  is  eighteen  years of age or younger),
 44        18-6108 (male rape), 18-6602 (incest), 18-6605 (crime against nature),  or
 45        18-6608,  Idaho  Code  (forcible  sexual  penetration  by use of a foreign
 46        object), or upon a second or subsequent conviction  under  18-6609,  Idaho
 47        Code (video voyeurism);
 48        (b)  Enters the state on or after July 1, 1993, and who has been convicted
 49        of any crime, an attempt, a solicitation or a conspiracy to commit a crime
 50        in  another  state,  territory, commonwealth, or other jurisdiction of the
 51        United States, including tribal courts and military courts, that  is  sub-
 52        stantially  equivalent to the offenses listed in subsection (1)(a) of this
 53        section.
                                                                        
                                           3
                                                                        
  1        (c)  Pleads guilty to or has been found guilty of a crime covered in  this
  2        chapter prior to July 1, 1993, and the person, as a result of the offense,
  3        is  incarcerated in a county jail facility or a penal facility or is under
  4        probation or parole supervision, on or after July 1, 1993.
  5        (d)  Is a nonresident regularly employed or working in Idaho or is a  stu-
  6        dent  in  the  state  of  Idaho and was convicted, found guilty or pleaded
  7        guilty to a crime covered by this chapter and, as a result of such convic-
  8        tion, finding or plea, is required to register in his state of residence.
  9        (2)  The provisions of this chapter shall not apply  to  any  such  person
 10    while  the person is incarcerated in a correctional institution of the depart-
 11    ment of correction, a county jail facility or committed  to  a  mental  health
 12    institution of the department of health and welfare.
 13        (3)  A  conviction  for purposes of this chapter means that the person has
 14    pled guilty or has been found guilty, notwithstanding the form of the judgment
 15    or withheld judgment.
                                                                        
 16        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 17    declared to exist, this act shall be in full force and effect on and after its
 18    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13648C1
                                    
Instances of surreptitious photograph, film, video or digital
recording of persons without their consent, while in a place
where the person has a reasonable expectation of privacy, or in a
public place when the person has taken reasonable steps to shield
intimate areas from public view, for the purpose of arousing or
gratifying the sexual desire of the person making the recording
or any other person, are increasing both regionally and in Idaho. 
Currently nothing in statute defines these acts as crimes.  This
proposal amends Idaho Code Chapter 66, Title 18 by the addition
of a new section defining the crime of video voyeurism as a
felony, and amends section 18-8304 to require persons convicted
of video voyeurism to register as sex offenders.

                    FISCAL IMPACT

There is no anticipated impact to the state general fund or other
dedicated funds.
Contact                          

Name: Chief David Moore
      Blackfoot Police Department

Phone: (208) 785-1235




STATEMENT OF PURPOSE/FISCAL NOTE                   S 1243