Assigned to JUD                                                                                                  FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1039

voyeurism; surreptitious viewing

Purpose

            Establishes the crime of voyeurism and modifies the crime of surreptitious photographing, videotaping, filming or digitally recording (“surreptitious photographing”).

Background

            Statute prohibits a person from knowingly photographing, videotaping, filming, digitally recording or by any other means using a device to secretly view or record another person without that person’s consent under certain circumstances.  Those circumstances are when a person is in a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy and while the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.  It is also unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made while the person unlawfully viewed the person as described above.  A person who violates these laws is guilty of surreptitious photographing, a class 5 felony. 

            The surreptitious photographing statute does not penalize certain conduct such as a “peeping Tom” who views, without a device, a person in areas in which the person has a reasonable expectation of privacy.  Additionally, the surreptitious photographing statute is not an enumerated sexual offense.  Therefore, surreptitious photographing is not subject to enhanced penalties and restrictions, such as requiring the defendant if released on his or her own recognize or on bail to submit to electronic monitoring and no contact with the victim, and eligibility for life time probation.

            The fiscal impact associated with this legislation is undetermined; however, adding a new felony offense to the criminal code may increase criminal case loads and the number of people in prison or on probation.

Provisions

Voyeurism

1. Defines voyeurism as the knowing invasion of the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation.

2. Specifies that a person’s privacy is invaded if the person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded and such occurs 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, or while the person is:

a) in a state of undress or partial dress.

b) engaged in sexual intercourse or sexual contact.

c) urinating or defecating.

3. Specifies that it is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made while a person is being a voyeur.

4. Makes exceptions to the crime of voyeurism for security purposes when there is clear notice of the security recording, for correctional officials in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison, for law enforcement officers engaged in a lawful investigation and for use with a child monitoring device.

5. Classifies voyeurism and the distribution of recorded materials made while being a voyeur in which the victim of voyeurism is unrecognizable as a class 5 felony.

6. Classifies the distribution of recorded materials made while being a voyeur and in which the victim of voyeurism is recognizable as a class 4 felony.

Surreptitious Photographing

7. Removes the requirement that a person use a device to commit surreptitious photographing.

8. Prohibits any person from knowingly photographing, videotaping, filming, digitally recording or by any other means secretly viewing another person without the person’s consent 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 viewable to the public.

9. Classifies surreptitious photographing without a device a class 6 felony for the first offense and as a class 5 felony for a second or subsequent offense.

10. Classifies the distribution of recorded materials made during surreptitious photographing as a class 5 felony if the victim is unrecognizable and as a class 4 felony if the victim is recognizable.

Miscellaneous

11. Makes technical changes.

12. Becomes effective on the general effective date

Amendments Adopted by Committee

1. Modifies the penalty structure for voyeurism and surreptitious photographing.

2. Adds the crime of distributing materials made while a person was being a voyeur.

3. Modifies the conduct prohibited by the crime of surreptitious photographing.

Senate Action

JUD     2/13/06    DPA    5-2-1-0

Prepared by Senate Research

February 17, 2006

JE/jlo