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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
]]]] 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.
]]]] 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".
]]]] 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
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