SENATE BILL No. 101
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-45-4-6.
Synopsis: Invasion of privacy by photography. Establishes the crime
of invasion of privacy by photography, a Class A misdemeanor.
Provides that the crime is committed if a person, with the intent to: (1)
gratify the person's sexual desires; (2) humiliate or embarrass the
victim; or (3) publish, transmit, or disseminate the photograph;
surreptitiously photographs the private area of an individual under
circumstances in which a reasonable person would believe that the
individual's private area would not be visible to the public. Increases
the penalty to a Class D felony if the person publishes, transmits, or
otherwise disseminates the photograph.
Effective: July 1, 2010.
Wyss, Arnold, Steele
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Second Regular Session 116th General Assembly (2010)
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SENATE BILL No. 101
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-45-4-6; (10)IN0101.1.1. -->
SECTION 1. IC 35-45-4-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 6. (a) As used in this section, "private area" means
the naked or undergarment clad genitals, pubic area, or buttocks
of a person.
(b) A person who, without the consent of the individual:
(1) knowingly or intentionally surreptitiously photographs,
video records, or captures a digital image of the private area
of an individual by means of camera, a video camera, or any
other type of video recording device; or
(2) performs the act described in subdivision (1) under
circumstances in which a reasonable person would believe
that the individual's private area would not be visible to the
(3) performs the act described in subdivision (1) with the
(A) gratify the sexual desires of the person;
(B) humiliate or embarrass the individual; or
(C) publish, transmit, or otherwise disseminate the
photograph, video, or digital image;
commits invasion of privacy by photography, a Class A
misdemeanor. However, the offense is a Class D felony if the
person publishes the photograph, video, or digital image, or
otherwise transmits or disseminates the photograph, video, or
digital image to another person.
SOURCE: ; (10)IN0101.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2010] IC 35-45-4-6, as added
by this act, applies only to crimes committed after June 30, 2010.