|
Senate Engrossed |
|
State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
|
|
SENATE BILL 1039 |
|
|
|
|
AN ACT
Amending title 13, chapter 14, Arizona Revised Statutes, by adding section 13-1424; amending section 13-3019, Arizona Revised Statutes; relating to surreptitious photographing, videotaping, filming, digitally recording or viewing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1424, to read:
13-1424. Voyeurism; classification
A. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation.
B. It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in violation of subsection a of this section without the consent or knowledge of the person depicted.
C. For the purposes of this section, a person's privacy is invaded if both of the following apply:
1. The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded.
2. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either:
(a) While the person is in a state of undress or partial dress.
(b) While the person is engaged in sexual intercourse or sexual contact.
(c) While the person is urinating or defecating.
(d) In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.
D. This section does not apply to any of the following:
1. Photographing, videotaping, filming or digitally recording for security purposes where notice of the use of the photographing, videotaping, filming or digital recording equipment is clearly posted in the location.
2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison.
3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.
4. The use of a child monitoring device as defined in section 13-3001.
E. A violation of subsection A or B of this section is a class 5 felony, except that a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable.
Sec. 2. Section 13-3019, Arizona Revised Statutes, is amended to read:
13-3019. Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions
A. It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means use a device to secretly view or record, with or without a device, another person without that person's consent under both either of the following circumstances:
1. In a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy.
2. While and the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.
2. In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.
B. It is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made in violation of subsection A of this section without the consent or knowledge of the person depicted.
C. This section does not apply to:
1. Photographing, videotaping, filming or digitally recording for security purposes where notice of the use of photographing, videotaping, filming or digital recording equipment is clearly posted in the location.
2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison.
3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.
4. The use of a child monitoring device as defined in section 13‑3001.
D. A violation of subsection A or B of this section is a class 5 felony.
E. Notwithstanding subsection D of this section, a violation of subsection A or B of this section that does not involve the use of a device is a class 6 felony, except that a second or subsequent violation of subsection A or b of this section that does not involve the use of a device is a class 5 felony.
f. Notwithstanding subsection D of this section, a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable.
E. G. For the purposes of this section, "sexual contact" and "sexual intercourse" have the same meanings prescribed in section 13‑1401.