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HOUSE BILL NO. 47

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Daily Data Tracking History

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H0047...........................................................by MR. SPEAKER
                       Requested by: Idaho State Police
VIDEO VOYEURISM - Adds to existing law to provide for the crime of video
voyeurism; and to provide felony penalties.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Jud

Bill Text

                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 47
                                                                        
                                       BY MR. SPEAKER
                              Requested by: Idaho State Police
                                                                        
  1                                        AN ACT
  2    RELATING TO SEX CRIMES; AMENDING CHAPTER 66, TITLE  18,  IDAHO  CODE,  BY  THE
  3        ADDITION OF A NEW SECTION 18-6610, IDAHO CODE, TO PROVIDE FOR THE CRIME OF
  4        VIDEO VOYEURISM, TO PROVIDE A PENALTY AND TO PROVIDE EXCEPTIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Chapter  66,  Title 18, Idaho Code, be, and the same is
  7    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  8    ignated as Section 18-6610, Idaho Code, and to read as follows:
                                                                        
  9        18-6610.  CRIME  OF VIDEO VOYEURISM. (1) It is unlawful to use any camera,
 10    videotape, photooptical, photoelectric, or any other  image  recording  device
 11    for  the  purpose  of  secretly  observing, viewing, photographing, filming or
 12    videotaping a person present in a residence, place  of  business,  school,  or
 13    other  structure,  or  any  room or particular location within that structure,
 14    where that person is in a private area out of public view,  has  a  reasonable
 15    expectation of privacy and has not consented to the observation.
 16        (2)  A violation of this section is a felony.
 17        (3)  The  provisions of this section shall not apply to any of the follow-
 18    ing:
 19        (a)  Video recording or monitoring conducted pursuant  to  a  court  order
 20        from a court of competent jurisdiction;
 21        (b)  Security monitoring operated by or at the direction of an occupant of
 22        a residence;
 23        (c)  Security  monitoring  operated by or at the direction of the owner or
 24        administrator of a place of business, school or other structure;
 25        (d)  Security monitoring operated in motor vehicles used for public  tran-
 26        sit;
 27        (e)  Security  monitoring  and  observation  associated  with correctional
 28        facilities or jails regardless of the location of  the  monitoring  equip-
 29        ment;
 30        (f)  Video  recording  or monitoring conducted by law enforcement officers
 31        within the official scope of their duties; and
 32        (g)  Videotaping pursuant to law.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE

                             RS 12335

To make it unlawful to use any camera, videotape, or other image
recording device for the purpose of secretly observing, videotaping
or filming a person present in a residence, place  of business,
school, or other structure or any room within that structure where
a person is in a private area out of public view and has a
reasonable expectation of privacy and has not consented to the
observation/taping.



                         FISCAL IMPACT

No fiscal impact.














CONTACT
Name:        Saundra K. DeKlotz
Agency:      Idaho State Police
Phone:       884-7003

Statement of Purpose/Fiscal Impact                   H 4