House of
Representatives
SB 1039
voyeurism; surreptitious viewing
Sponsor: Senator Waring
SB 1039 establishes the crime of voyeurism and modifies the definition and penalties for surreptitious viewing.
History
Title 13, Chapter 14 of the Arizona Revised Statutes (A.R.S.) specifies the criminal sexual offenses in Arizona. A.R.S. Title 13, Chapter 30 contains eavesdropping and communications offenses in statute.
A.R.S. § 13-3019 establishes the crime of surreptitious viewing which makes it unlawful for a person to “knowingly photograph, videotape, film, digitally record or by any other means use a device to secretly view or record another person without that person's consent.” In addition, it is unlawful to “disclose, display, distribute or publish a photograph, videotape, film or digital recording” made as a result of surreptitious viewing without the consent of the person depicted. These crimes are Class 5 felonies.
Provisions
Voyeurism
· Makes it a Class 5 felony for a person to knowingly invade the privacy of another person without that person’s knowledge for the purpose of sexual stimulation.
· Prohibits a person from disclosing, displaying, distributing or publishing a photograph, videotape, film or digital recording without the consent or knowledge of the person depicted, if the media was obtained as a result of voyeurism. A violation of this provision is a Class 5 felony, unless the person depicted is recognizable, in which case the violation is a Class 4 felony.
· Specifies that a person’s privacy has been invaded if the following apply:
- The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded.
- The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, while:
§ The person is in a state of undress or partial dress.
§ The person is engaged in sexual intercourse or sexual contact.
§ The person is urinating or defecating.
§ 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.
· Specifies that these provisions do not apply to the following:
- Photographing, videotaping, filming or digitally recording for security purposes where notice of the use of such media is clearly posted where the person has a reasonable expectation of privacy.
- 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.
- Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation which is otherwise lawful.
- The use of a child monitoring device.
Surreptitious Viewing
· Prescribes that it is unlawful for any person to knowingly photograph, videotape, film, digitally record or otherwise view, with or without a device, another person without that person’s consent under either of the following circumstances:
- In a restroom, bathroom, locker room, bedroom, or other location where the person has a reasonable expectation of privacy, and the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.
- 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.
· Expands statute to add that it is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made while surreptitiously viewing without the knowledge of the person depicted.
· Specifies that if a person surreptitiously views or disseminates media resulting from surreptitious viewing, but the act does not involve the use of a device, the act is a Class 6 felony. Subsequent violations are Class 5 felonies.
· Requires posting of a notice in the location that the person reasonably expects privacy if the person is going to be photographed, videotaped, filmed or digitally recorded for security purposes.
· Makes it Class 4 felony if a person disseminates media resulting from surreptitious viewing where the person depicted is recognizable.
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· Forty-seventh Legislature
· Second Regular Session 2 April 6, 2006
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