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General Assembly Raised Bill No. 1100
January Session, 2019
LCO No. 6341
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING "UPSKIRTI NG".
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53a-189a of the general statutes is repealed and 1
the following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) A person is guilty of voyeurism when, (1) with malice, such 3
person knowingly photographs, films, videotapes or otherwise records 4
the image of another person (A) without the knowledge and consent of 5
such other person, (B) while such other person is not in plain view, and 6
(C) under circumstances where such other person has a reasonable 7
expectation of privacy, (2) with intent to arouse or satisfy the sexual 8
desire of such person or any other person, such person knowingly 9
photographs, films, videotapes or otherwise records the image of 10
another person (A) without the knowledge and consent of such other 11
person, (B) while such other person is not in plain view, and (C) under 12
circumstances where such other person has a reasonable expectation of 13
privacy, (3) with the intent to arouse or satisfy the sexual desire of such 14
person, commits simple trespass, as provided in section 53a-110a, and 15
observes, in other than a casual or cursory manner, another person (A) 16 Raised Bill No. 1100
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without the knowledge or consent of such other person, (B) while such 17
other person is inside a dwelling, as defined in section 53a-100, and not 18
in plain view, and (C) under circumstances where such other person 19
has a reasonable expectation of privacy, or (4) with intent to arouse or 20
satisfy the sexual desire of such person or any other person, such 21
person knowingly photographs, films, videotapes or otherwise records 22
the genitals, pubic area or buttocks of another person or the 23
undergarments or stockings that clothe the genitals, pubic area or 24
buttocks of another person (A) without the knowledge and consent of 25
such other person, [and] (B) while such genitals, pubic area, buttocks, 26
undergarments or stockings are not in plain view, and (C) under 27
circumstances where such other person has a reasonable expectation of 28
privacy, whether such other person is or is not in a public place. 29
(b) For purposes of this section, "in plain view" does not include any 30
view that is achieved by photographing, filming, videotaping or 31
otherwise recording under or around a person's clothing, and "public 32
place" means public place, as defined in section 53a-186. 33
[(b)] (c) Voyeurism is (1) a class D felony for a first offense, except as 34
provided in subdivision (3) of this subsection, (2) a class C felony for 35
any subsequent offense, and (3) a class C felony for a first offense when 36
(A) such person has been previously convicted of an offense 37
enumerated in subsection (f) of section 53a-29, or (B) the intended 38
subject of the offense is a person under sixteen years of age. 39
[(c)] (d) Notwithstanding the provisions of section 54-193, no person 40
may be prosecuted for an offense under subdivision (1), (2) or (4) of 41
subsection (a) of this section except within five years from the date of 42
the offense, or within five years from the date the subject of the offense 43
discovers the existence of the photograph, film, videotape or other 44
recording that constitutes a violation of subdivision (1), (2) or (4) of 45
subsection (a) of this section, whichever is later. 46 Raised Bill No. 1100
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 53a-189a
JUD Joint Favorable