SB 452

This bill increases the penalties for certain criminal invasions of privacy. Under

current law, a person is guilty of a Class A misdemeanor if he or she does any of

following: 1) installs or uses a surveillance device in any private place to observe any

nude person; 2) looks, for sexual arousal or gratification, into a private place that is

part of a public accommodation in which a person may reasonably be expected to be

nude; or 3) looks, for sexual arousal or gratification, into an individual's dwelling if

an individual is present and has a reasonable expectation of privacy.

Under the bill, a person who violates any of these prohibitions is guilty of a

Class I felony if the victim is under the age of 18 when the violation occurs.

Under current law, a person who captures a representation of a nude person in

a circumstance that the person depicted has a reasonable expectation of privacy, who

distributes such a representation, or who possesses such a representation is guilty

of a Class I felony. Under the bill, a person who violates any of these provisions is

guilty of a Class H felony if the victim is under the age of 18 when the violation occurs.

Under current law, a person who posts or publishes a representation of a nude

or partially nude person or a person engaging in sexual conduct, knowing that the

representation of the person is a private representation, is guilty of a Class A

misdemeanor. Under the bill, the person is guilty of a Class I felony if the victim is

under the age of 18 when the violation occurs.

Under current law, a person who intentionally captures a representation of a

nude or partially nude person in a locker room without that person's consent but who

does not exhibit, distribute, or transmit the representation, is guilty of a Class B

misdemeanor. Under the bill, a person who violates this provision is guilty of a Class

A misdemeanor, except that if the victim is under the age of 18 when the violation

occurs, the person is guilty of a Class I felony.

Under current law, a person who intentionally captures and exhibits,

distributes, or transmits a representation of a nude or partially nude person in a

locker room without that person's consent is guilty of a Class A misdemeanor. Under

the bill, a person who violates this provision is guilty of a Class I felony, except that

if the victim is under the age of 18 when the violation occurs, the person is guilty of

a Class H felony.