SB 281

Current law prohibits making a visual representation that depicts a person

nude without the person's consent while the person is nude in a circumstance in

which he or she has a reasonable expectation of privacy, and prohibits reproducing

or possessing such visual representations. Current law also prohibits making, or

making and distributing, a visual representation of a person without the person's

consent while the person is nude in a locker room. So-called video voyeurism is a

Class I felony if committed while the person is nude in a circumstance in which he

or she has a reasonable expectation of privacy, and is a misdemeanor if committed

in a locker room.

Under current law, a court may require a person who is convicted, adjudicated

delinquent, found in need of protection or services, or found not guilty or not

responsible by reason of mental disease or defect for certain offenses to register with

the Department of Corrections (DOC) as a sex offender.

This bill provides that a court may order a person to register with DOC as a sex

offender if the person is convicted, adjudicated delinquent, found in need of

protection or services, or found not guilty or not responsible by reason of mental

disease or defect for committing video voyeurism and the court determines that the

offense was sexually motivated. The bill further provides that if the person was

under the age of 21 when he or she committed the video-voyeurism offense, the court

may provide that upon successful completion of the sentence, dispositional order, or

commitment for the offense the person be released from the requirement to register

as a sex offender. Under the bill, if the person is released from the requirement to

register as a sex offender for a video-voyeurism offense and was not required to

register for any other offense, DOC must delete information concerning the person

from the sex offender registry.