Introduced Version, Senate Bill 0101

Introduced Version

SENATE BILL No. 101

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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.

January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.

Introduced

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 public; and
        (3) performs the act described in subdivision (1) with the intent to:
            (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.