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.





Wyss, Arnold, Steele




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







Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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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.

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.